Practice MBE questions with answers
A law student, who was involved in Law Review, moot court, and clinic, was taking 18
credits. She was afraid she was never going to get everything done on time, and she thought
some extra caffeine would help. The law student bought a coffee pot from Coffee
Warehouse, Inc. She paid top dollar for the coffee maker, but she figured it was worth it
because the coffee pot had a special "refresh" function that would keep brewed coffee fresh
over a 48-hour period. The law student used the coffee maker for several weeks and
noticed a marked improvement in her energy level. One morning, as the law student was
reaching for the coffee pot, the pot suddenly exploded. The law student's hand was severely
cut by flying glass from the shattered pot. An investigation revealed that the glass used by
Coffee Warehouse to make the coffee pot was defective, which is why it exploded. If the law
student sues Coffee Warehouse on a strict lia - **🔰 VERIFIED ANSWERS🔰 ✔✔The coffee
pot was defective, and the defect was the cause of the law student's injuries.
An employee successfully negotiated a lucrative contract for her employer. As a result, her
employer orally promised her a $10,000 bonus payable at the end of the year because of
the employee's "good work." At the end of the year, the employer informed the employee
that the company's profits were not as large as he expected, so the promised bonus would
not be paid.
Which of the following is the legal effect of the employer's promise to pay the bonus to the
employee?
(A) It is enforceable, because the employee conferred a material benefit on the employer by
negotiating the lucrative contract.
(B) It is enforceable, because the employer was morally obligated to pay the bonus.
(C) It is unenforceable, because it was not supported by legally sufficient consideration.
(D) It is unenforceable, because it was not in writing. - **🔰 VERIFIED ANSWERS🔰 ✔✔C.
It is unenforceable, because it was not supported by legally sufficient consideration.
A man approached his cousin who was seven months pregnant, and said, "If you name your
daughter after my mother, I will pay you $100 per month for five years." The cousin agreed
and named her child after the man's mother. Afterwards, the man reneged on his promise
and told his cousin that he decided not to pay her the money. Subsequently, the cousin sued
the man for breach of contract.
,For whom should the court enter judgment?
A) The cousin, because there was a bargained-for exchange.
(B) The cousin, because naming the child was a condition of a gift made in consideration of
carrying out a moral obligation.
(C) The man, because naming the child was a mere gift promise unsupported by
consideration.
(D) The man, because the cousin did not experience any recognizable detriment in the
naming of her child. - **🔰 VERIFIED ANSWERS🔰 ✔✔A. The cousin because there was a
bargain for exchange
The owner of a discount luggage store always looks forward to graduation day because the
parents of graduating seniors often buy luggage as presents for children who are going
away to college. One June, the owner decides to run an advertisement in the local
newspaper. The ad copy read, "Valedictorian Sale--June 15! To each high school
valedictorian graduating from either of the town's two high schools this year, the luggage
store offers two deluxe suitcases for the price of one. Purchase one and receive a second
free! Limit two suitcases per valedictorian."
The owner believes that because there are two high schools in town, there will be only two
valedictorians to qualify to accept his offer. However, he is unaware that students at the two
high schools may take a number of Advanced Placement courses and that any student
receiving an A in these classes may obtain a cumulative GPA greater than 4.0. In addition,
the hig - **🔰 VERIFIED ANSWERS🔰 ✔✔B. Yes, because she accepted the offer when she
tendered the purchase price of one suitcase
On Monday, a man told a gardener, "I am having a party on Sunday and I want my house to
look good. If you will promise to mow my lawn by Saturday, I will pay you $50." On Friday,
the gardener arrived at the man's home just as the man was leaving for work and began to
mow the man's lawn. The man said nothing to the gardener, but drove off as he saw the
gardener unloading his lawn mower. When the man arrived home from work that evening,
he noticed that only half of his lawn had been mowed. He then found a note from the
gardener slipped into his mailbox which read, "Sorry, but I ran out of gas to power the lawn
mower and did not have time to buy more gas to finish the job. I'm taking the weekend off,
but I will be back Monday morning to finish the work."
If the man brings suit against the gardener for breach of contract, who is likely to prevail?
, (A) The gardener, because he never accepted the offer made by the man. - **🔰 VERIFIED
ANSWERS🔰 ✔✔(C) The man, because the gardener's part performance necessarily
implied an acceptance and a promise that he would render complete performance.
On March 1, a seller mailed a letter to a buyer offering to sell a specified quantity of shirts
at list price. The buyer received the seller's offer on March 2. The next day the buyer mailed
the seller a letter of rejection. The buyer then changed his mind and decided to accept the
seller's offer. On March 5, the buyer mailed a letter of acceptance to the seller. On March 4,
the seller sent the buyer a letter revoking his original March 1 offer. On March 6, the seller
received the buyer's acceptance. On March 7, the buyer received the seller's letter of
revocation. The following day, the seller received the buyer's rejection. The seller is now
refusing to sell the shirts to the buyer, and the buyer has sued for breach of contract.
Judgment should be for whom?
(A) The buyer, because he mailed his acceptance before receiving notice of the seller's
revocation.
(B) The buyer, because the seller received his acceptance - **🔰 VERIFIED ANSWERS🔰
✔✔(B) The buyer, because the seller received his acceptance before receiving notice of the
buyer's rejection.
A man offered to sell his barbecue to his neighbor for $100. After receiving the man's offer,
the neighbor responded, "Let me think it over." The man then said, "If you say so." The next
day, the man sold the barbecue to his brother for $100. Thereafter, the neighbor decided to
accept the man's offer, but learned from a reliable source that the barbecue had been sold
to the brother.
If the neighbor sues the man for breach of contract, judgment should be for whom?
(A) The man, because the offer to the neighbor terminated when the neighbor learned of
the sale to the brother.
(B) The man, because there was no consideration to keep the offer open for an extended
period of time.
(C) The neighbor, because the offer became irrevocable for a reasonable time when the
man allowed the neighbor to "think it over."
(D) The neighbor, because he is a merchant - **🔰 VERIFIED ANSWERS🔰 ✔✔(A) The
man, because the offer to the neighbor terminated when the neighbor learned of the sale to
the brother.
, A homeowner said to a roofer, "My roof leaks. I think the old tiles are cracked. If you will
replace them with all new tiles, I will pay you $5,000." The roofer replied, "Sure, if I can
clear my busy schedule." The homeowner then remarked, "That's all right, but let me know
soon." Three days later, the roofer drove his pickup truck to the homeowner's home and
unloaded the materials and equipment needed to perform the roofing job. When the
homeowner looked out his window and saw what was transpiring, he immediately ran
outside and exclaimed, "Stop! The deal's off. I decided to repair the roof myself."
In an action by the roofer against the homeowner for breach of contract, which of the
following would provide the roofer with his best theory of recovery?
(A) A bilateral contract was formed when the roofer purchased the materials and
equipment needed to do the job.
(B) A bilateral contract was formed when the roofer s - **🔰 VERIFIED ANSWERS🔰
✔✔D) The homeowner made an offer that proposed a unilateral contract, and the roofer
manifested an intent to accept the offer when he began performance by unloading the
materials and equipment at the homeowner's house.
A college student was involved in a car crash while driving her father's car. Her negligent
driving caused her to collide with a vehicle operated by a teacher. Both the teacher and the
college student were seriously injured in the crash. The college student's father believed
that since the college student had been driving his car, he himself was liable for the
accident. The father went to visit the teacher in the hospital, where he was being treated
for injuries suffered in the accident. The father told the teacher that he would personally
reimburse the teacher for any losses he suffered as a result of the accident. The father also
told the teacher's doctor to take good care of the teacher, and that the father would pay the
teacher's bill. A week later, the college student died as a result of her injuries. She left no
assets.
If the teacher files suit against the father to recover the amount of his lost wages as a re -
**🔰 VERIFIED ANSWERS🔰 ✔✔(D) Lack of consideration
A lawyer lived in an exquisite home located in a fashionable neighborhood. He had known a
gardener for many years. One day the gardener was walking down the street when he ran
into the lawyer. The gardener said to the lawyer, "I will landscape your garden for $200."
The lawyer replied, "That seems like a good deal." As they were talking, the lawyer's
brother-in-law walked by. The three individuals then started conversing about the stock
market. Nothing further was said about the landscaping of the lawyer's garden. The next
day, the lawyer telephoned the gardener and said, "I accept your offer." The gardener
replied, "I can't landscape your garden because last night I contracted to landscape your
neighbor's property."
A law student, who was involved in Law Review, moot court, and clinic, was taking 18
credits. She was afraid she was never going to get everything done on time, and she thought
some extra caffeine would help. The law student bought a coffee pot from Coffee
Warehouse, Inc. She paid top dollar for the coffee maker, but she figured it was worth it
because the coffee pot had a special "refresh" function that would keep brewed coffee fresh
over a 48-hour period. The law student used the coffee maker for several weeks and
noticed a marked improvement in her energy level. One morning, as the law student was
reaching for the coffee pot, the pot suddenly exploded. The law student's hand was severely
cut by flying glass from the shattered pot. An investigation revealed that the glass used by
Coffee Warehouse to make the coffee pot was defective, which is why it exploded. If the law
student sues Coffee Warehouse on a strict lia - **🔰 VERIFIED ANSWERS🔰 ✔✔The coffee
pot was defective, and the defect was the cause of the law student's injuries.
An employee successfully negotiated a lucrative contract for her employer. As a result, her
employer orally promised her a $10,000 bonus payable at the end of the year because of
the employee's "good work." At the end of the year, the employer informed the employee
that the company's profits were not as large as he expected, so the promised bonus would
not be paid.
Which of the following is the legal effect of the employer's promise to pay the bonus to the
employee?
(A) It is enforceable, because the employee conferred a material benefit on the employer by
negotiating the lucrative contract.
(B) It is enforceable, because the employer was morally obligated to pay the bonus.
(C) It is unenforceable, because it was not supported by legally sufficient consideration.
(D) It is unenforceable, because it was not in writing. - **🔰 VERIFIED ANSWERS🔰 ✔✔C.
It is unenforceable, because it was not supported by legally sufficient consideration.
A man approached his cousin who was seven months pregnant, and said, "If you name your
daughter after my mother, I will pay you $100 per month for five years." The cousin agreed
and named her child after the man's mother. Afterwards, the man reneged on his promise
and told his cousin that he decided not to pay her the money. Subsequently, the cousin sued
the man for breach of contract.
,For whom should the court enter judgment?
A) The cousin, because there was a bargained-for exchange.
(B) The cousin, because naming the child was a condition of a gift made in consideration of
carrying out a moral obligation.
(C) The man, because naming the child was a mere gift promise unsupported by
consideration.
(D) The man, because the cousin did not experience any recognizable detriment in the
naming of her child. - **🔰 VERIFIED ANSWERS🔰 ✔✔A. The cousin because there was a
bargain for exchange
The owner of a discount luggage store always looks forward to graduation day because the
parents of graduating seniors often buy luggage as presents for children who are going
away to college. One June, the owner decides to run an advertisement in the local
newspaper. The ad copy read, "Valedictorian Sale--June 15! To each high school
valedictorian graduating from either of the town's two high schools this year, the luggage
store offers two deluxe suitcases for the price of one. Purchase one and receive a second
free! Limit two suitcases per valedictorian."
The owner believes that because there are two high schools in town, there will be only two
valedictorians to qualify to accept his offer. However, he is unaware that students at the two
high schools may take a number of Advanced Placement courses and that any student
receiving an A in these classes may obtain a cumulative GPA greater than 4.0. In addition,
the hig - **🔰 VERIFIED ANSWERS🔰 ✔✔B. Yes, because she accepted the offer when she
tendered the purchase price of one suitcase
On Monday, a man told a gardener, "I am having a party on Sunday and I want my house to
look good. If you will promise to mow my lawn by Saturday, I will pay you $50." On Friday,
the gardener arrived at the man's home just as the man was leaving for work and began to
mow the man's lawn. The man said nothing to the gardener, but drove off as he saw the
gardener unloading his lawn mower. When the man arrived home from work that evening,
he noticed that only half of his lawn had been mowed. He then found a note from the
gardener slipped into his mailbox which read, "Sorry, but I ran out of gas to power the lawn
mower and did not have time to buy more gas to finish the job. I'm taking the weekend off,
but I will be back Monday morning to finish the work."
If the man brings suit against the gardener for breach of contract, who is likely to prevail?
, (A) The gardener, because he never accepted the offer made by the man. - **🔰 VERIFIED
ANSWERS🔰 ✔✔(C) The man, because the gardener's part performance necessarily
implied an acceptance and a promise that he would render complete performance.
On March 1, a seller mailed a letter to a buyer offering to sell a specified quantity of shirts
at list price. The buyer received the seller's offer on March 2. The next day the buyer mailed
the seller a letter of rejection. The buyer then changed his mind and decided to accept the
seller's offer. On March 5, the buyer mailed a letter of acceptance to the seller. On March 4,
the seller sent the buyer a letter revoking his original March 1 offer. On March 6, the seller
received the buyer's acceptance. On March 7, the buyer received the seller's letter of
revocation. The following day, the seller received the buyer's rejection. The seller is now
refusing to sell the shirts to the buyer, and the buyer has sued for breach of contract.
Judgment should be for whom?
(A) The buyer, because he mailed his acceptance before receiving notice of the seller's
revocation.
(B) The buyer, because the seller received his acceptance - **🔰 VERIFIED ANSWERS🔰
✔✔(B) The buyer, because the seller received his acceptance before receiving notice of the
buyer's rejection.
A man offered to sell his barbecue to his neighbor for $100. After receiving the man's offer,
the neighbor responded, "Let me think it over." The man then said, "If you say so." The next
day, the man sold the barbecue to his brother for $100. Thereafter, the neighbor decided to
accept the man's offer, but learned from a reliable source that the barbecue had been sold
to the brother.
If the neighbor sues the man for breach of contract, judgment should be for whom?
(A) The man, because the offer to the neighbor terminated when the neighbor learned of
the sale to the brother.
(B) The man, because there was no consideration to keep the offer open for an extended
period of time.
(C) The neighbor, because the offer became irrevocable for a reasonable time when the
man allowed the neighbor to "think it over."
(D) The neighbor, because he is a merchant - **🔰 VERIFIED ANSWERS🔰 ✔✔(A) The
man, because the offer to the neighbor terminated when the neighbor learned of the sale to
the brother.
, A homeowner said to a roofer, "My roof leaks. I think the old tiles are cracked. If you will
replace them with all new tiles, I will pay you $5,000." The roofer replied, "Sure, if I can
clear my busy schedule." The homeowner then remarked, "That's all right, but let me know
soon." Three days later, the roofer drove his pickup truck to the homeowner's home and
unloaded the materials and equipment needed to perform the roofing job. When the
homeowner looked out his window and saw what was transpiring, he immediately ran
outside and exclaimed, "Stop! The deal's off. I decided to repair the roof myself."
In an action by the roofer against the homeowner for breach of contract, which of the
following would provide the roofer with his best theory of recovery?
(A) A bilateral contract was formed when the roofer purchased the materials and
equipment needed to do the job.
(B) A bilateral contract was formed when the roofer s - **🔰 VERIFIED ANSWERS🔰
✔✔D) The homeowner made an offer that proposed a unilateral contract, and the roofer
manifested an intent to accept the offer when he began performance by unloading the
materials and equipment at the homeowner's house.
A college student was involved in a car crash while driving her father's car. Her negligent
driving caused her to collide with a vehicle operated by a teacher. Both the teacher and the
college student were seriously injured in the crash. The college student's father believed
that since the college student had been driving his car, he himself was liable for the
accident. The father went to visit the teacher in the hospital, where he was being treated
for injuries suffered in the accident. The father told the teacher that he would personally
reimburse the teacher for any losses he suffered as a result of the accident. The father also
told the teacher's doctor to take good care of the teacher, and that the father would pay the
teacher's bill. A week later, the college student died as a result of her injuries. She left no
assets.
If the teacher files suit against the father to recover the amount of his lost wages as a re -
**🔰 VERIFIED ANSWERS🔰 ✔✔(D) Lack of consideration
A lawyer lived in an exquisite home located in a fashionable neighborhood. He had known a
gardener for many years. One day the gardener was walking down the street when he ran
into the lawyer. The gardener said to the lawyer, "I will landscape your garden for $200."
The lawyer replied, "That seems like a good deal." As they were talking, the lawyer's
brother-in-law walked by. The three individuals then started conversing about the stock
market. Nothing further was said about the landscaping of the lawyer's garden. The next
day, the lawyer telephoned the gardener and said, "I accept your offer." The gardener
replied, "I can't landscape your garden because last night I contracted to landscape your
neighbor's property."
