Complete MBE Exam Q&A Bundle

Offer You can't accept an offer unless you know about it. No contract is formed. You must have knowledge of the offer before performance happens. Offer can be terminated if: 1. The offeror revokes the offer 2. The offeree rejects an offer 3. When the offeree makes a counteroffer (operates the ...

An employee sued her former employer after she was fired. At trial, the employee argued that when she was hired she had signed an employment contract that stated that she could be fired only for cause. The employer argued that the parties had never signed an employment contract, and that the employe...

A man filed suit against a business rival. In order for the man to prevail, it would be necessary for him to prove that the business rival was in New York City on January 1. The man sought to prove this point by introducing an authenticated letter to the rival from his girlfriend, in which she told ...

Principal liable for agent's torts - Agency relationship - Within scope of agency Agency relationship - Assent (informal agreement) - Benefit principal - Control by the principal (supervise) Sub-agent and borrowed agent - No control for both - No agreement for sub-agent Independent con...

Two friends planned to incorporate a business together and agreed that they would own all of the corporation's stock in equal proportion. A businesswoman conveyed land by a warranty deed to "the corporation and its successors and assigns." The deed was recorded. Thereafter, the friends had a disa...

Does a valid contract exist if an owner sends an email agreeing to the sale of a ring while she is intoxicatedYes, because the friend accepted the owner's offer to sell the ring. If there are bright lights shining from someones property, but the other property owner has catarax and does not noti...

The owner of a boat took two friends out on a lake near his home. One of his friends was driving the boat when it struck a partially submerged rock that the owner of the boat had forgotten to tell him about. The owner of the boat and the other passenger were injured; the driver of the boat was not h...

A defendant is on trial for murder. The only evidence linking the defendant to the crime is some blood found at the scene. The lead detective testifies that an officer took a vial containing a blood sample that had been retrieved by a crime scene technician and drove off with it. The officer is now ...

A woman borrowed $100,000 from a bank and executed a promissory note to the bank in that amount. As security for repayment of the loan, the woman's brother gave the bank a mortgage on a tract of land solely owned by him. The brother did not sign the promissory note.The woman subsequently defaulted ...

Sequestration of witnesses Federal Rule: "At a party's request, the court must order witnesses excluded so that they cannot hear other witnesses' testimony. Or the court may do so on its own." Mandatory at party's request: So under FRE 615, any party has the absolute right to require the jud...

products liability action based on negligence In a products liability action based on negligence, defendants have a duty to exercise reasonable care in the inspection of a product. If a product is defective, the plaintiff must prove that the defendant would have discovered the defect if they had exe...

The user of a power tool sued the tool's manufacturer in state court. The action was based on a strict product liability claim that the manufacturer's failure to adequately warn the user of a defect in the power tool caused the user's injury. The manufacturer properly removed the case to federal ...

A pedestrian walking on the sidewalk was struck by a car backing out of a driveway. The driver did not see the pedestrian because her neighbor's bushes obscured her view of the sidewalk. The pedestrian was seriously injured and brought suit against the driver and the neighbor. The pedestrian also i...

In need of money, the owner of a ring prepared an email one evening proposing to sell the ring to a friend for $500, but only if he responded within 24 hours. Unable to bring herself to send the email, the owner, who normally was a teetotaler, began drinking. When she was thoroughly intoxicated, she...