Louisiana Bar Exam Questions and Correct
Answers (Verified Answers) Plus Rationale
2027 Q&A| Instant Download Pdf
1. A Louisiana homeowner hired a contractor to renovate her
kitchen. The written contract required the contractor to complete
the work by June 1. The contractor substantially completed the
work on June 10, and the homeowner refused to pay anything
because of the delay. The contractor's delay caused the
homeowner no actual financial loss. Which is the best result?
A. The homeowner owes nothing because any breach automatically
extinguishes the contractor's right to payment.
B. The homeowner owes nothing because substantial performance is
not recognized in Louisiana.
C. The homeowner generally must pay the contract price, subject to
any damages caused by the delay.
D. The contractor is entitled to the entire contract price plus punitive
damages.
,Rationale: Louisiana contract law generally recognizes that a party who
substantially performs may still recover the contract price, with an
appropriate reduction for damages caused by incomplete or defective
performance. A minor delay does not automatically eliminate the other
party's payment obligation when the essential performance has been
rendered.
2. A person made an oral promise to give his nephew $50,000 if the
nephew graduated from college. The nephew graduated, but the
promisor then refused to pay. The nephew sues. What is the
strongest argument for enforcing the promise?
A. The promise is enforceable because every oral promise is binding in
Louisiana.
B. The nephew's graduation constitutes performance of the condition,
potentially making the promise enforceable despite its gratuitous
nature.
C. The promise is automatically enforceable because it involves more
than $500.
D. The promise is enforceable only if the nephew was a minor when the
promise was made.
Rationale: A gratuitous promise ordinarily requires the formalities
applicable to donations when it is intended as a donation. However, the
,legal characterization of the transaction and whether the promise was
conditional, remunerative, or supported by another legally sufficient
basis matter. The mere fact that the amount exceeds $500 does not
itself make an oral promise enforceable.
3. A Louisiana driver negligently struck a pedestrian in a crosswalk.
The pedestrian suffered $100,000 in damages. A jury determined
that the driver was 80% at fault and the pedestrian was 20% at
fault. How much of the pedestrian's recoverable damages should
generally be allocated against the driver under comparative fault
principles?
A. $20,000
B. $50,000
C. $80,000
D. $100,000
Rationale: Louisiana generally follows a comparative-fault system under
which a plaintiff's recovery is reduced according to the plaintiff's
percentage of fault. With $100,000 in total damages and 20% plaintiff
fault, the plaintiff may recover 80%, or $80,000, from the responsible
defendant.
4. A plaintiff files a negligence action in Louisiana state court. The
defendant argues that the plaintiff failed to mitigate damages
, after the accident. Who generally bears the burden of proving the
plaintiff's failure to mitigate?
A. The plaintiff
B. The defendant
C. The court
D. The jury automatically presumes mitigation was inadequate.
Rationale: Failure to mitigate is generally an affirmative defense. The
party asserting the defense ordinarily bears the burden of proving that
the injured party failed to take reasonable steps to minimize the
damages.
5. A man intentionally enters another person's home without
permission intending to steal property. He enters through an
unlocked door. Which offense is most directly implicated?
A. Simple battery
B. Negligent homicide
C. Unauthorized entry or burglary-related criminal conduct,
depending on the precise statutory elements
D. Defamation
Rationale: Entry into another person's dwelling with criminal intent can
constitute burglary or another unauthorized-entry offense depending on
Answers (Verified Answers) Plus Rationale
2027 Q&A| Instant Download Pdf
1. A Louisiana homeowner hired a contractor to renovate her
kitchen. The written contract required the contractor to complete
the work by June 1. The contractor substantially completed the
work on June 10, and the homeowner refused to pay anything
because of the delay. The contractor's delay caused the
homeowner no actual financial loss. Which is the best result?
A. The homeowner owes nothing because any breach automatically
extinguishes the contractor's right to payment.
B. The homeowner owes nothing because substantial performance is
not recognized in Louisiana.
C. The homeowner generally must pay the contract price, subject to
any damages caused by the delay.
D. The contractor is entitled to the entire contract price plus punitive
damages.
,Rationale: Louisiana contract law generally recognizes that a party who
substantially performs may still recover the contract price, with an
appropriate reduction for damages caused by incomplete or defective
performance. A minor delay does not automatically eliminate the other
party's payment obligation when the essential performance has been
rendered.
2. A person made an oral promise to give his nephew $50,000 if the
nephew graduated from college. The nephew graduated, but the
promisor then refused to pay. The nephew sues. What is the
strongest argument for enforcing the promise?
A. The promise is enforceable because every oral promise is binding in
Louisiana.
B. The nephew's graduation constitutes performance of the condition,
potentially making the promise enforceable despite its gratuitous
nature.
C. The promise is automatically enforceable because it involves more
than $500.
D. The promise is enforceable only if the nephew was a minor when the
promise was made.
Rationale: A gratuitous promise ordinarily requires the formalities
applicable to donations when it is intended as a donation. However, the
,legal characterization of the transaction and whether the promise was
conditional, remunerative, or supported by another legally sufficient
basis matter. The mere fact that the amount exceeds $500 does not
itself make an oral promise enforceable.
3. A Louisiana driver negligently struck a pedestrian in a crosswalk.
The pedestrian suffered $100,000 in damages. A jury determined
that the driver was 80% at fault and the pedestrian was 20% at
fault. How much of the pedestrian's recoverable damages should
generally be allocated against the driver under comparative fault
principles?
A. $20,000
B. $50,000
C. $80,000
D. $100,000
Rationale: Louisiana generally follows a comparative-fault system under
which a plaintiff's recovery is reduced according to the plaintiff's
percentage of fault. With $100,000 in total damages and 20% plaintiff
fault, the plaintiff may recover 80%, or $80,000, from the responsible
defendant.
4. A plaintiff files a negligence action in Louisiana state court. The
defendant argues that the plaintiff failed to mitigate damages
, after the accident. Who generally bears the burden of proving the
plaintiff's failure to mitigate?
A. The plaintiff
B. The defendant
C. The court
D. The jury automatically presumes mitigation was inadequate.
Rationale: Failure to mitigate is generally an affirmative defense. The
party asserting the defense ordinarily bears the burden of proving that
the injured party failed to take reasonable steps to minimize the
damages.
5. A man intentionally enters another person's home without
permission intending to steal property. He enters through an
unlocked door. Which offense is most directly implicated?
A. Simple battery
B. Negligent homicide
C. Unauthorized entry or burglary-related criminal conduct,
depending on the precise statutory elements
D. Defamation
Rationale: Entry into another person's dwelling with criminal intent can
constitute burglary or another unauthorized-entry offense depending on
