Contracts and Sales Multistate Bar Practice Exam

In a contract for the sale of goods, what must be certain for the offer to be considered valid?

1. The quality of the goods

2. The price and delivery schedule

3. The quantity must be capable of being made certain

4. The color preference of the goods

The correct answer is: The quantity must be capable of being made certain

For an offer in a contract for the sale of goods to be considered valid, the quantity must be capable of being made certain. In contract law, particularly under the Uniform Commercial Code (UCC) which governs the sale of goods in the United States, the quantity is a fundamental term that must be sufficiently defined for the contract to be enforceable. If the quantity is not stated or is too vague, it can lead to uncertainty in performance and obligations between the parties. The ability to ascertain the quantity allows for both parties to understand their commitments, facilitate performance, and resolve any disputes that might arise concerning the delivery or payment for the goods sold. While aspects such as the quality, price, and delivery schedule are also important in a sale, the requirement for quantity to be certain is particularly emphasized in contract formation because it directly affects the ability to enforce the agreement. Without a clear quantity, the contract may not be upheld by a court, making this term crucial for validity.