Bar Exam Questions & Answers 2023/2024
Agreements to modify a contract may be enforced... - ANSWER-if there are new obligations on both sides
Actual damages - ANSWER-Remedies are meant to compensate the nonbreaching party for actual economic loss
Expectation Damages (contracts) - ANSWER-normal measure of damages for breach of contract and are intended to put the injured party in the same position as if the contract had been performed. Nonbreaching party must be able to prove these damages with reasonable certainty, and damages must be foreseeable
Damages are foreseeable when... - ANSWER-they are contemplated by the parties at the time the contract was made
Punitive damages (contracts) - ANSWER-rarely available in contract actions, and are not typically recoverable unless the conduct constituting the breach is also a tort for which punitive damages are available. (Some statutes apply punitive damages for the purpose of punishing fraud, violation of fiduciary duty, acts of bad faith, and for deterrence)
Easements can be terminated... - ANSWER-by written release
prescription
estoppel
condemnation
abandonment
(A statements of intent to abandon or non-use is not enough)
Abandonment of an easement - ANSWER-An easement can only be terminated by abandonment if the owner of the easement acts in an affirmative way that clearly shows intent to relinquish the easement right Tenancy in Common - ANSWER-any tenancy with 2+ grantees with equal rights to possess or use the property, but no right of survivorship. Most states presume TIC unless facts suggest otherwise
Joint tenancy - ANSWER-when 2+ people own property with the right of survivorship. Must be created with each JT having equal right to posses or use the property, with equal interests, at the same time, and
in the same instrument. Usually requires a clear expression of intent and survivorship language.
Joint Tenancy Mortgages - ANSWER-A joint tenant may grant a mortgage interest in the joint tenancy property
Lien theory - ANSWER-(majority) mortgage is only a lien on the property and does not sever the JT absent a default and foreclosure sale
Title theory - ANSWER-(minority) the mortgage severs title and the tenancy would be converted into a TIC
A Joint Tenancy is severed when... - ANSWER-one of the joint tenants contracts to sell her interest in the property
Bona fide purchaser (BFP) - ANSWER-A person who paid value for an interest and did not have notice of the prior-in-time interest. Notice can be actual, by inquiry, or constructive.
Equitable Conversion Doctrine - ANSWER-when one of the contracting parties dies prior to the performance date of the contract the seller's interest may be treated as personal property and the buyer's interest may be treated as a real property interest for purposes of distributing the property pursuant to either will. When the seller has devised his real property interests, the proceeds from the sale of the property under contract are treated as personal property that passes to the devisee of the seller's personal property. Concert of Action doctrine - ANSWER-if two+ tortfeasors were acting pursuant to a common plan or design and the acts of one or more of them tortuously caused the plaintiff's harm, then all the defendants will be held jointly and severally liable.
Strict liability for defective products - ANSWER-Under strict liability, the seller (manufacturer, distributor, and/or retail seller) of a defective product may be liable for any harm to persons or property caused by such product. (the defendant must be in the business of selling or otherwise distributing products of the type that harmed the plaintiff)
Defective product - ANSWER-at the time of sale or distribution, it contains a manufacturing defect, a design defect, or inadequate instructions or warnings.
Defect for failure to warn - ANSWER-there are foreseeable risks of harm, not readily recognized by an ordinary user of the product, which could have been reduced or avoided by providing reasonable instructions or warnings.
Negligence foreseeability - ANSWER-generally, a duty of care is owed to all foreseeable persons who may
foreseeably be injured by the defendant's failure to act as a reasonable person of ordinary prudence under the circumstances
Res Ipsa Loquitur - ANSWER-The trier of fact may infer the existence of negligence in the absence of direct evidence. To apply, the plaintiff must prove: 1. the plaintiff's injury/damage was caused by an instrumentality of condition that was under the defendant's exclusive control or the defendant is responsible for all others in control at the relevant time,
2. the plaintiff's harm would not have occurred if the defendant had used ordinary care while the instrumentality was under his control, and
3. the plaintiff was not responsible for his injury
Recovery if multiple defendants (tort) - ANSWER-a plaintiff may recover when 2+ defendants are negligent and either individual could have caused the plaintiff's injuries.
Negligence - ANSWER-Duty
Breach
Causation
Agreements to modify a contract may be enforced... - ANSWER-if there are new obligations on both sides
Actual damages - ANSWER-Remedies are meant to compensate the nonbreaching party for actual economic loss
Expectation Damages (contracts) - ANSWER-normal measure of damages for breach of contract and are intended to put the injured party in the same position as if the contract had been performed. Nonbreaching party must be able to prove these damages with reasonable certainty, and damages must be foreseeable
Damages are foreseeable when... - ANSWER-they are contemplated by the parties at the time the contract was made
Punitive damages (contracts) - ANSWER-rarely available in contract actions, and are not typically recoverable unless the conduct constituting the breach is also a tort for which punitive damages are available. (Some statutes apply punitive damages for the purpose of punishing fraud, violation of fiduciary duty, acts of bad faith, and for deterrence)
Easements can be terminated... - ANSWER-by written release
prescription
estoppel
condemnation
abandonment
(A statements of intent to abandon or non-use is not enough)
Abandonment of an easement - ANSWER-An easement can only be terminated by abandonment if the owner of the easement acts in an affirmative way that clearly shows intent to relinquish the easement right Tenancy in Common - ANSWER-any tenancy with 2+ grantees with equal rights to possess or use the property, but no right of survivorship. Most states presume TIC unless facts suggest otherwise
Joint tenancy - ANSWER-when 2+ people own property with the right of survivorship. Must be created with each JT having equal right to posses or use the property, with equal interests, at the same time, and
in the same instrument. Usually requires a clear expression of intent and survivorship language.
Joint Tenancy Mortgages - ANSWER-A joint tenant may grant a mortgage interest in the joint tenancy property
Lien theory - ANSWER-(majority) mortgage is only a lien on the property and does not sever the JT absent a default and foreclosure sale
Title theory - ANSWER-(minority) the mortgage severs title and the tenancy would be converted into a TIC
A Joint Tenancy is severed when... - ANSWER-one of the joint tenants contracts to sell her interest in the property
Bona fide purchaser (BFP) - ANSWER-A person who paid value for an interest and did not have notice of the prior-in-time interest. Notice can be actual, by inquiry, or constructive.
Equitable Conversion Doctrine - ANSWER-when one of the contracting parties dies prior to the performance date of the contract the seller's interest may be treated as personal property and the buyer's interest may be treated as a real property interest for purposes of distributing the property pursuant to either will. When the seller has devised his real property interests, the proceeds from the sale of the property under contract are treated as personal property that passes to the devisee of the seller's personal property. Concert of Action doctrine - ANSWER-if two+ tortfeasors were acting pursuant to a common plan or design and the acts of one or more of them tortuously caused the plaintiff's harm, then all the defendants will be held jointly and severally liable.
Strict liability for defective products - ANSWER-Under strict liability, the seller (manufacturer, distributor, and/or retail seller) of a defective product may be liable for any harm to persons or property caused by such product. (the defendant must be in the business of selling or otherwise distributing products of the type that harmed the plaintiff)
Defective product - ANSWER-at the time of sale or distribution, it contains a manufacturing defect, a design defect, or inadequate instructions or warnings.
Defect for failure to warn - ANSWER-there are foreseeable risks of harm, not readily recognized by an ordinary user of the product, which could have been reduced or avoided by providing reasonable instructions or warnings.
Negligence foreseeability - ANSWER-generally, a duty of care is owed to all foreseeable persons who may
foreseeably be injured by the defendant's failure to act as a reasonable person of ordinary prudence under the circumstances
Res Ipsa Loquitur - ANSWER-The trier of fact may infer the existence of negligence in the absence of direct evidence. To apply, the plaintiff must prove: 1. the plaintiff's injury/damage was caused by an instrumentality of condition that was under the defendant's exclusive control or the defendant is responsible for all others in control at the relevant time,
2. the plaintiff's harm would not have occurred if the defendant had used ordinary care while the instrumentality was under his control, and
3. the plaintiff was not responsible for his injury
Recovery if multiple defendants (tort) - ANSWER-a plaintiff may recover when 2+ defendants are negligent and either individual could have caused the plaintiff's injuries.
Negligence - ANSWER-Duty
Breach
Causation
