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Texas Law of Contracts: Cumulative Study Guide (2026/2027)

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Texas Law of Contracts: Cumulative Study Guide (2026/2027) 1. What are the three core elements of a valid contract under Texas common law? ANSWER Offer, Acceptance, and Consideration. 2. What is the "Mirror Image Rule" and what doctrine replaced it in modern Texas law? ANSWER The rule required acceptance to match the offer's terms exactly. It has been largely replaced by the doctrine of substantial performance and the UCC's approach for goods, which allows acceptance even with additional terms under UCC § 2.207. 3. Define "Consideration" in Texas. ANSWER A bargained-for exchange where a legal detriment is suffered by the promisee (doing or promising something they have no prior duty to do) or a legal benefit is conferred upon the promisor. 4. What is the primary statute governing contracts for the sale of goods in Texas? ANSWER The Texas Business and Commerce Code, Chapter 2 (Texas's adoption of the Uniform Commercial Code, Article 2). 5. What is the "Statute of Frauds" and name four types of contracts it requires to be in writing in Texas. ANSWER A statutory rule requiring certain contracts to be evidenced by a signed writing to be enforceable. In Texas, it includes: (1) Contracts for the sale of real estate; (2) Contracts that cannot be performed within one year; (3) Promises to pay the debt of another (suretyship); (4) Contracts for the sale of goods priced at $500 or more (UCC § 2.201). 6. What is the "Parol Evidence Rule"? ANSWER A rule of substantive law that prohibits the introduction of prior or contemporaneous oral or written agreements to contradict, vary, or add to the terms of a final, integrated written contract. 7. Define "Unconscionability" under Texas law. ANSWER A doctrine that allows a court to refuse to enforce a contract or clause if it is found to be grossly one-sided and unfair (substantive unconscionability) and/or the result of an unfair bargaining process (procedural unconscionability). 8. What is the difference between a "Unilateral" and a "Bilateral" contract? ANSWER A bilateral contract is a promise for a promise (formed upon exchange of promises). A unilateral contract is a promise for an act (formed only upon complete performance of the act). 9. What is the "Mailbox Rule" in Texas? ANSWER Acceptance of an offer is generally effective upon dispatch (when properly mailed or sent via an authorized medium of communication), provided the offer does not specify otherwise. 10. When does a revocation of an offer become effective? ANSWER Revocation is effective upon receipt by the offeree. An offer can generally be revoked any time before acceptance. 11. What is an "Option Contract" in Texas? ANSWER A separate, binding contract where the offeror is paid consideration to keep an offer open for a specified period, making it irrevocable during that time. 12. Define "Promissory Estoppel." ANSWER A equitable doctrine that enforces a promise, even without consideration, if: (1) a promise was made, (2) the promisor should have expected reliance, (3) the promisee substantially and detrimentally relied on it, and (4) enforcement is necessary to prevent injustice. 13. What is the legal effect of "Mistake" in Texas contract law? ANSWER A mutual mistake of a material fact (both parties are mistaken about a fundamental fact) may make the contract voidable by the adversely affected party. A unilateral mistake generally does not, unless enforcement would be unconscionable or the other party knew of the mistake. 14. What constitutes "Duress" as a defense to contract formation in Texas? ANSWER Wrongful pressure (a threat of illegal action or a threat that overcomes the free will of a party) that induces a person to enter a contract, making the contract voidable by the victim. 15. Define "Undue Influence." ANSWER The unfair persuasion of a person in a weakened mental state or a relationship of trust (e.g., fiduciary, familial) by a dominant party, rendering the contract voidable. 16. What is the difference between a "Condition Precedent" and a "Condition Subsequent"? ANSWER A condition precedent is an event that must occur before a duty to perform arises. A condition subsequent is an event that, if it occurs, extinguishes an existing duty to perform. 17. What is the "Doctrine of Substantial Performance"? ANSWER A doctrine applied primarily to construction/service contracts where a party who performs in good faith, deviating only slightly from perfect completion, is entitled to the contract price minus damages for the minor defects.

Vista previa del contenido

Texas Law of Contracts – Cumulative
EXAM QUESTIONS WITH CORRECT
SOLUTIONS||UPDATED 2026/2027
SYLLABUS||100% GUARANTEED
PASS||ALREADY GRADED
A+||<<LATEST VERSION>>
malfunction - ANSWER ✓ when something is designed or built to perform a
certain function and no longer does so

market value - ANSWER ✓ the price for which a property will sell if offered
openly under normal conditions

mechanic's lien - ANSWER ✓ a lien that establishes a claim against a property to
secure payment for labor or materials used to improve that property

mortgage lien - ANSWER ✓ a lien on property that was purchased with money
borrowed from a lender

mutual agreement - ANSWER ✓ a means of cancelling a contract in which all
parties agree to the cancelation

negotiable instrument - ANSWER ✓ a transferable, written promise by a party to
pay a specific amount of money

net lease - ANSWER ✓ a lease in which the tenant pays a base rent rate plus all or
part of the operating expenses

non-judicial foreclosure - ANSWER ✓ a foreclosure that does not involve a suit or
ruling of the court — the two types are power-of-sale foreclosures and strict
foreclosures

, offer and acceptance - ANSWER ✓ the mutual agreement of all parties to consent
to all terms contained within the contract and to perform according to those terms

option - ANSWER ✓ an agreement that gives one party the right to perform a
non-obligatory action within a time period (ex: terminating a contract or the right
of first refusal)

option period - ANSWER ✓ the window of time during which a buyer can opt out
of a contract without penalty; a right that is purchased by the buyer

ownership interest - ANSWER ✓ an undisputed right of an owner to their property

partial performance - ANSWER ✓ when one or more of the contracting parties
perform only a portion of the agreed-upon contractual duties

partnership - ANSWER ✓ a business entity legally formed for two or more
individuals to share profits

percentage lease - ANSWER ✓ a commercial lease in which the tenant pays a
base rent amount and a percentage of their business profits to the landlord

performance agreement - ANSWER ✓ part of a contract that requires the
contracting parties either to perform certain actions or to uphold certain contractual
promises

periodic estate - ANSWER ✓ has a fixed lease period, meaning that the lease is
automatically renewed at the end of each lease period until the landlord or tenant
acts to terminate it; also known as periodic tenancy

personal property - ANSWER ✓ any moveable, unattached property that is not
real property; also known as chattel or personalty

police power - ANSWER ✓ right of the state to regulate and restrict land-use in
order to protect the public, including enforcing zoning and building codes

power of attorney - ANSWER ✓ a legal document conferring the right for one
individual to act on behalf of another

, power-of-sale clause - ANSWER ✓ gives lenders the ability to post property for
foreclosure if the debtor is behind on payments

principle of supply and demand - ANSWER ✓ the existing inventory of a
commodity, product, or service available and the desire of consumers for it; factors
that combine to influence price

private land-use controls - ANSWER ✓ land-use controls that are put into place
by non-governmental entities, such as real estate developers

promissory estoppel - ANSWER ✓ a legal doctrine that forces a party to keep a
promise and prevents a party from backing out of an agreement

promissory note - ANSWER ✓ also known just as a note, it's a document in which
the borrower acknowledges their debt and promises to repay the holder of the
promissory note

promulgated contracts - ANSWER ✓ contracts promoted by the Texas Real Estate
Commission and required for use by all real estate sales agents when completing
the transaction for which the contract was created

proration - ANSWER ✓ the act of dividing or allocating expenses between buyers
and sellers based on the actual period of usage of the item or service

public land-use controls - ANSWER ✓ government-issued land-use controls such
as zoning ordinances, subdivision regulations, and building codes

public ownership of land - ANSWER ✓ the role of government to own and
maintain public land such as streets, highways, and parks

pur autre vie - ANSWER ✓ a life estate characterized by ownership lasting only
for the duration of a designated party's lifetime

real estate - ANSWER ✓ a part of the surface of land to the center of the earth and
upward to space, plus all improvements made by man or nature

remainderman - ANSWER ✓ the recipient of the remainder — either the grantor
who set up the life estate or a designated third party

Información del documento

Subido en
18 de enero de 2026
Número de páginas
17
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2025/2026
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