MBE Practice Test 1 questions and answers 2022/2023
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Module
MBE
Institution
MBE
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, sh...
mbe practice test 1 questions and answers 20222023
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
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MBE Practice Test 1
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 sent the email without realizing it. After the
owner sobered up the following afternoon, she called her friend and said that she had
never meant to send the email, but her friend informed her that he had already
responded by email, agreeing to the transaction. Does a valid contract exist? - Answer
Yes, because the friend accepted the owner's offer to sell the ring.
Yes, because the friend had 24 hours in which to respond.
No, because the owner lacked capacity at the time that she made the offer.
No, because the contract was executory.
A
A wife owned a pistol, which she kept loaded in a locked safe in her bedroom.
Unbeknownst to the wife, her husband took the pistol, fired it at a pesky squirrel until it
was empty, and returned the empty pistol to the safe. Shortly thereafter, the wife
returned home to find her husband and sister alone in the house. The wife, having long
harbored jealousy over the close relationship between her husband and sister, decided
to teach them a lesson. She got the pistol, pointed it at her husband and sister, and
threatened to shoot them. She never intended to shoot them, but merely to scare them.
The husband and sister have sued the wife for assault. Is either the husband or sister
likely to prevail in an action for assault? - Answer No, neither will prevail because the
wife did not intend to shoot either the sister or husband.
No, neither will prevail because the pistol was unloaded.
Yes, the sister alone will prevail because she did not know the pistol was unloaded.
Yes, both plaintiffs will prevail because they can each prove the elements for assault.
C
An attorney was sued by a client for malpractice. The client obtained a judgment against
the attorney and, by filing the judgment in the county in which the attorney rented an
,office, created a lien that was valid against any real property then owned or
subsequently acquired by the attorney for up to 10 years. Three years later, the attorney
purchased a residence in the same county. The attorney financed the purchase with a
loan from a bank, which was secured by a mortgage on the residence. Two years later,
the attorney failed to make the required mortgage payments. The bank initiated
foreclosure proceedings, joining the client as a party. The jurisdiction has adopted the
following statute: "No conveyance or mortgage of real property shall be good against
subsequent purchasers for value and without notice unless the same be recorded
according to law." In addition, the jurisdiction treats a mortgage as a lien against the real
property. Who has priority to the proceeds from the foreclosure sale? - Answer The
client, because the lien was first in time.
The client, because the lien was recorded first.
The bank, because the lien is not affected by the foreclosure sale.
The bank, because the mortgage was a purchase money mortgage.
D
Twenty years ago, a property owner deeded his house to a charitable organization. The
warranty deed stated that the house was transferred to the organization "provided that
the organization uses the premises as a halfway house for troubled teenagers;
otherwise, the owner may reenter the property." Nine years after the property was
transferred, the charitable organization ceased running a halfway house, and began
using the house as its administrative office. Recently, upon the death of the property
owner, all of his real property passed by will to his daughter. The time period for
adverse possession in the state where the house is located is 10 years. Does the
charitable organization have a current possessory interest in the house? - Answer No,
because the charitable organization ceased to use the house as a halfway house.
No, because the owner devised his interest in the house to his daughter.
Yes, because the charitable organization has outright ownership of the house through
adverse possession.
Yes, because the right of re-entry has not been exercised.
D
A homeowner devised her home to her best friend, "but if [the best friend] predeceases
me, to her heirs." The best friend died shortly before the homeowner did. The best
friend is survived by her daughter, and the homeowner is survived by her son. The best
friend's daughter claims that she should take the home, while the homeowner's son
claims that it should pass with the rest of the homeowner's estate. The applicable
, jurisdiction has an anti-lapse statute. Who should receive the homeowner's home? -
Answer The best friend's daughter, because of the anti-lapse statute.
The best friend's daughter, because the homeowner left the home to the best friend and
her heirs.
The homeowner's son, because the gift lapsed.
The homeowner's son, because the homeowner and the best friend were not related by
blood.
B
A homeowner hired a roofer to install a new roof on his house. The homeowner
scheduled the installation to take place during a week when he was to be on vacation.
Although the contract specified that the color of the shingles was to be brown, the
homeowner returned to find that the roofer instead had installed red shingles. Although
the new roof was structurally sound, the homeowner refused the pay the roofer. The
roofer sued the homeowner. The fact-finder determined that the roofer had materially
breached the contract. Under what theory of damages is the roofer most likely to
recover? - Answer Expectancy damages
Restitution damages
Reliance damages
None, because the roofer materially breached the contract.
B
A woman built a water fountain in her backyard. The water fountain was located in the
center of a flat, concrete surface, and the water from the fountain would drain through
holes in the concrete surface. At night, the water falling from the fountain would change
colors with the use of colored lights. Because the neighborhood children were enthralled
by the fountain, but the concrete was very slippery, the woman erected a five-foot fence
around her backyard with a locked gate that could only be opened with a passcode. In
addition, she posted warning signs telling trespassers to keep out. One evening, a child
saw the changing colors of the water over the fence. Unable to open the gate, the child
got a ladder from his parent's yard and used it to climb over the fence. As he
approached the fountain, the child slipped on the wet concrete surface, fell to the
ground, and fractured his wrist. The parents of the child have filed a claim for damages
against the woman. Who will prevail? - Answer The child, because the fountain was an
attractive nuisance.
The child, because the slippery concrete surface posed an unreasonable risk of injury to
children.
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