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Multistate Bar Exam Study Guide.

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©THESTAR EXAM SOLUTIONS 2024/2025 ALL RIGHTS RESERVED. 1 | P a g e Multistate Bar Exam Study Guide. Unilateral Contract - answerPerformance divided into 2 + parts under K; Number of parts due from each party is the same; and Performance between parties is equivalent. Divisible Ks - answerAgr...

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  • November 24, 2024
  • 6
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • MBE
  • MBE
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©THESTAR EXAM SOLUTIONS 2024/2025

ALL RIGHTS RESERVED.




Multistate Bar Exam Study Guide.

Unilateral Contract - answer✔Performance divided into 2 + parts under K; Number of parts
due from each party is the same; and Performance between parties is equivalent.

Divisible Ks - answer✔Agreement to leave open in exchange for consideration.

Option K - answer✔Generally preliminary proposal unless words are to identifiable person
(e.g. first come first serve).

Quasi-K - answer✔Equitable remedy when K results are unfair. Prevents unjust
enrichment.

Mixed contracts - answer✔Determined by the more important part of the deal, except
divided contracts in which both UCC and common law rules may apply.

Offer - answer✔A manifestation of a present intent to contract demonstrated by promise,
undertaking or commitment; Definite and certain terms; and Communicated to an
identified offeree. Must include description.

Firm Offer under UCC - answer✔Offer can't be revoked for up to 3 months if: Offer to buy or
sell goods; Signed written promise to keep open; and Party is merchant.

Revocation - answer✔Unambiguous statement by offeror to offeree or unambiguous
conduct indicating unwillingness to K that offeree is aware of.

Instances Where Offer Irrevocable - answer✔Option K; Detrimental reliance (must be
reasonably foreseeable); Start of performance.

Rejection of Offer - answer✔Counteroffers kill; Adding terms under common law mirror
image rule; Lapse of time (e.g. > 1 month); Conditional acceptance.

Acceptance - answer✔A manifestation of assent to the terms of an offer in the manner
prescribed or authorized by the offer. Full performance; Start performance: for bi-lateral K,
but not for unilateral K. Seller of goods sends wrong goods, unless with explanation (then
it's a counteroffer). Offeree promise to perform.


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, ©THESTAR EXAM SOLUTIONS 2024/2025

ALL RIGHTS RESERVED.
Mailbox rule - answer✔Acceptance effective when mailed. All else effective when
received.

Mirror Image Rule - answer✔Under UCC: One party is merchant → add'l term is proposal
subject to separate rejection; Both parties merchants → add'l term is part of K unless (1)
materially alters K; (2) offeror objects within reasonable time; or (3) offer limits acceptance
to the terms.

Consideration - answer✔Requires bargained-for exchange of legal detriment between
parties. Substitutes for consideration: Written promise when prior obligation had
applicable legal defense; Promissory estoppel. Not considered consideration, except
expressly requested performance/forbearance and expectation of payment.

Past Consideration - answer✔New consideration required for pre-existing K or statutory
duty: except in CL, unforeseen difficulty, third party promise or promise to pay debt barred
by SoL.

Defenses to a Contract - answer✔Incapacity; Illegality; Against Public Policy;
Misrepresentation/Nondisclosure; Duress; Ambiguity/Misunderstanding; Mistake; Statute
of Frauds.

Misrepresentation/Nondisclosure - answer✔When a material term is open to two
reasonable interpretations

Mutual mistake - answer✔No contract if both parties share a mistaken belief on a
fundamental fact

Unilateral mistake - answer✔Not voidable unless the other party was aware of the mistake

Statute of Frauds - answer✔Requires written evidence for certain types of contracts

Integration issues - answer✔Determining if a contract is fully integrated or partially
integrated

Parol Evidence Rule - answer✔Limits the use of oral evidence to contradict written terms

Course of performance - answer✔Consistent actions of the same parties under the same
contract

FOB - answer✔Free on board, a shipping term indicating transfer of ownership

Implied Warranty of Merchantability - answer✔Goods must be fit for their ordinary purpose

Breach of Contract - answer✔Occurs when a party fails to fulfill contract terms


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