Practice MBE Exam Questions with
Complete Solutions
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 - correct
Answer-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. - correct Answer-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. - correct Answer-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 - correct Answer-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. - correct
Answer-(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 - correct Answer-(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 - correct Answer-(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 - correct Answer-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
- correct Answer-(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."
If the lawyer sues the gardener for breach of contract, who will likely prevail?
(A) The gardener, because the offer lapsed at the end of their conversation.
(B) The gardener, because his contract with - correct Answer-(A) The gardener,
because the offer lapsed at the end of their conversation.
On Monday, a widget wholesaler faxed to a buyer a letter promising to sell him 500
widgets for $2,000. On Tuesday, the buyer telephoned the wholesaler and said he was
rejecting the offer because the price was too high. During the telephone conversation,
the wholesaler responded, "Why don't you wait and think it over until tomorrow?" The
following day, the buyer learned that there was a nationwide widget shortage. He
immediately telephoned the wholesaler and said, "I've changed my mind and will accept
your offer." The wholesaler then told the buyer, "Sorry, pal, you had your chance and
blew it."
After the wholesaler refused to sell the widgets to him, the buyer sued for breach of
contract.
(A) No, because the buyer's telephone call on Tuesday constituted a rejection.
(B) No, because there was no consideration to keep the offer open until Wednesday.
(C) Yes, because the wholesaler's statement "Why don't you think it - correct Answer-
(C) Yes, because the wholesaler's statement "Why don't you think it over until
tomorrow" revived the offer, which the buyer subsequently accepted in a timely fashion.
After several days of negotiations, a homeowner wrote to a plumber and said, "Will pay
you $3,000 if you will install new plumbing in my home according to the specifications I
have sent you. I must have your reply by March 30." The plumber replied by a letter that
the homeowner received on March 15 stating, "Will not do it for less than $3,500." On
March 20, the plumber wrote to the homeowner, "Have changed my mind. I will do the
work for $3,000. Unless I hear from you to the contrary, I will begin work on April 5." The
homeowner received this letter on March 22 but did not reply to it. The plumber, without
the homeowner's knowledge, began the work on April 5.
Which of the following best characterizes the legal relationship between the homeowner
and the plumber as of April 5?
Complete Solutions
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 - correct
Answer-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. - correct Answer-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. - correct Answer-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 - correct Answer-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. - correct
Answer-(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 - correct Answer-(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 - correct Answer-(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 - correct Answer-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
- correct Answer-(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."
If the lawyer sues the gardener for breach of contract, who will likely prevail?
(A) The gardener, because the offer lapsed at the end of their conversation.
(B) The gardener, because his contract with - correct Answer-(A) The gardener,
because the offer lapsed at the end of their conversation.
On Monday, a widget wholesaler faxed to a buyer a letter promising to sell him 500
widgets for $2,000. On Tuesday, the buyer telephoned the wholesaler and said he was
rejecting the offer because the price was too high. During the telephone conversation,
the wholesaler responded, "Why don't you wait and think it over until tomorrow?" The
following day, the buyer learned that there was a nationwide widget shortage. He
immediately telephoned the wholesaler and said, "I've changed my mind and will accept
your offer." The wholesaler then told the buyer, "Sorry, pal, you had your chance and
blew it."
After the wholesaler refused to sell the widgets to him, the buyer sued for breach of
contract.
(A) No, because the buyer's telephone call on Tuesday constituted a rejection.
(B) No, because there was no consideration to keep the offer open until Wednesday.
(C) Yes, because the wholesaler's statement "Why don't you think it - correct Answer-
(C) Yes, because the wholesaler's statement "Why don't you think it over until
tomorrow" revived the offer, which the buyer subsequently accepted in a timely fashion.
After several days of negotiations, a homeowner wrote to a plumber and said, "Will pay
you $3,000 if you will install new plumbing in my home according to the specifications I
have sent you. I must have your reply by March 30." The plumber replied by a letter that
the homeowner received on March 15 stating, "Will not do it for less than $3,500." On
March 20, the plumber wrote to the homeowner, "Have changed my mind. I will do the
work for $3,000. Unless I hear from you to the contrary, I will begin work on April 5." The
homeowner received this letter on March 22 but did not reply to it. The plumber, without
the homeowner's knowledge, began the work on April 5.
Which of the following best characterizes the legal relationship between the homeowner
and the plumber as of April 5?
