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2024 BAR EXAM MBE CONTRACTS Adaptibar Questions and answers verified solution
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2024 BAR EXAM MBE CONTRACTS Adaptibar Questions and answers verified solution
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2024 BAR EXAM MBE CONTRACTSAdaptibar Questions and answers
verified solution
A man saved the life of his friend's wife who thereafter changed her will to leave the man $1,000. However, upon the wife's death she had no property except an undivided interest in real estate held in tenancy by the entirety of the husband. The property had been purchased by the husband from an inheritance.
After the wife died, the husband signed and delivered to the man the following instrument: "In consideration of [the man]'s saving my wife's life and his agreement to bring no claims against my estate based on her will, I hereby promise to pay [the man] $1,000."
Upon the husband's death, the man filed a claim for $1,000. The husband's executor contested the claim on the ground that the instrument was not supported by sufficient consideration.
In most states, would the man's saving of the wife's life be regarded as sufficient consideration for the
husband's promise?
A. Yes, because the husband was thereby mora - CORRECT ANSWER C. No, because the husband had not asked the man to save her
When a woman's 21 year old daughter finished college, the woman handed her a signed a memo stating that if the daughter would go to law school, the woman would pay her tuition, room and board, and give her a $1,000 bonus for each "A" she got. The daughter's uncle read the memo and said to the daughter, "if she does not pay, then I will." The woman paid her daughter's tuition for the first year but died just before the end of that year. Subsequently, the daughter learned that she had received two "As' in the 2nd semester. The executor of the woman's estate refused to pay the daughter anything for the two "As" and has told her that the estate will no longer pay her tuition. In an action against the woman's estate for $2,000 if the only defense raised is lack of consideration, the daughter probably will:
A. succeed under the doctrine of promissory estoppel
B. succeed on the theory of bargained-for-exchange for her m - CORRECT ANSWER B. succeed on the theory of bargained-for-exchange for her mother's promise
An automobile retailer had an adult daughter who needed a car in her employment but had only $3,000 with which to buy one. The retailer wrote to his daughter, "Give me your $3,000 and I'll give you the car on our lot that we have been using as a demonstrator." The daughter thanked her father and paid him the $3,000. As both the retailer and his daughter knew, the demonstrator was reasonably worth $10,000. After the daughter had paid the $3,000, but before the car had been delivered to her, one of retailer's sales staff sold and delivered the same car to a customer for $10,000. Neither the salesperson nor the customer was aware of the transaction between the retailer and his daughter.
Does the daughter, after rejecting a tendered return of the $3,000 by her father, have an action against him for breach of contract?
A. Yes, because the retailer's promise was supported by bargained-for consideration
B. Yes, because t - CORRECT ANSWER A. Yes, because the retailer's promise was supported by bargained-for consideration
A buyer mailed a signed order to a seller that read: "Please ship us 10,000 widgets at your current price." The seller received the order on January 7 and that same day mailed to the buyer a properly stamped, addressed, and signed letter stating that the order was accepted at the seller's current price of $10 per widget. On January 8, before receipt of the seller's letter, the buyer telephoned the seller and said, "I hereby revoke my order." The seller protested to no avail. The buyer received the seller's letter on January 9. Because of the buyer's January 8 telephone message, the seller never shipped the goods. Under the relevant and prevailing rules, is there a contract between the buyer and the seller as of January 10?
A. No, because the order was an offer that could be accepted only by shipping the goods, and the offer
was effectively revoked before shipment
B. No because the buyer never effectively agreed to - CORRECT ANSWER D. Yes, because the order was an offer that seller effectively accepted before the buyer attempted to revoke it
**a valid contract was formed before the buyer's revocation on the 8th
A landowner and a contractor entered into a written contract under which the contractor agreed to build a building and pave an adjacent sidewalk for the landowner at a price of $200,000. Later, while construction was proceeding, the landowner and the contractor entered into an oral modification under which the contractor was not obligated to pave the sidewalk but still would be entitled to $200,000 upon completion. The contractor completed the building. The landowner, after discussions with his landscaper, demanded that the contractor pave the adjacent sidewalk. The contractor refused.
Has the contractor breached the contract?
A. No, because the oral modification was in good faith and therefore enforceable
B. Yes, because a discharge of a contractual obligation must be in writing
C. Yes, because the parol evidence rule bars proof of the oral modification
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