BARBRI MBE FINAL PAPER UPDATED QUESTIONS AND
ANSWERS RATED A+
✔✔Formation of Contract — SOF (Within SOF): First, narrow, 3 - ✔✔1. Promise in
consideration of marriage: Not merely to marry, but also to do or not do something if
marry (prenuptial)
2. Promise by executor or adminstrator to pay obligation or estate from his own funds.
3. Promise to answer for [i.e. guarantee] the debts of another***Not merely a promise to
pay but rather to pay if someone else does not.
✔✔Formation of Contract — SOF (Within SOF): Service K 1 year - ✔✔SOF Applies:
1. Specific time period, more than 1 year
2. Specific time period, more than 1 year from date of contact
SOF does NOT apply:
1. Task, nothing said about time***Ignore what happens, key is what might happen (i.e.,
might be done in less than year)
2. Lifetime contract ***could end in less than a year
✔✔Formation of Contract — SOF (Within SOF): Transfers of interest in Real Estate -
✔✔Within SOF if transfers interest in real estate of a term of more than a year. E.g.:
1. Transfer of title
2. Easement over 1 year
3. Lease over 1 year
✔✔Formation of Contract — SOF (Within SOF): Sale of goods for 500+ - ✔✔Sale of
goods for $500 or more = SOF
✔✔Formation of Contract — SOF (How Satisfied): Performance - ✔✔1. Services
Contracts
a. Full performance by either party satisfies the SOF
b. Part performance does not satisfy SOF
2. Sale of Goods
a. Ordinary goods: General rule = Part performance satisfies SOF but only to extent of
part performance. If delivered (e.g., delivers 400 instead of 600 goods) then SOF
satisfied. If undelivered (e.g., party shorted sues for shorted 200 goods, doesn't work),
not satisfied.
b. Specially manufactured goods: SOF satisfied as soon as the sellef makes a
"substantial beginning" of making or obtaining the goods.
3. Real Estate Transfer K
a. Part performance by buyer of real estate can satisfy SOF. Generally any two of
following: 1) payment (full or close to full); 2) possession; or 3) improvements.
b. Full payment alone by buyer of reals estate does not satisfy the statute
, ✔✔Formation of Contract — SOF (How Satisfied): Writing - ✔✔1. SOF other than the
UCC's:
a. The contents of the writing OR WRITINGS contain all material terms, i.e. who and
what
b. Signed by the person to be charged, i.e. the D
2. UCC SOF:
a. Writing must have the quantity term ***doesn't need price term
b. Signing: Generally must be signed by person to be charged, but exception when both
parties are merchants and person who receives a signed writing with a quantity term
that claims there is a K fails to respond within 10 days of receipt.
✔✔Formation of Contract — SOF (How Satisfied): MISC. Issues - ✔✔1. Authorization to
enter into K for someone else = if underlying K would have to satisfy SOF, then
authorization to enter K for other person must be in writing
2. Contract Modification:
a. Ask if deal with alleged change is within SOF. If so, then alleged modification
agreement must be in writing.
b. Under CL, provisions requiring all modifications be in writing are ignored.
c. Opposite under UCC unless waifed.
✔✔Formation of Contract — Illegality, Misrepresentation, Duress - ✔✔1. Illegality: If
subject matter is legal but purpose is illegal, the K is enforceable only by the person
who did not know of the illegal purpose
2. Misrepresentation: Cancels deal. False assertion of fact or concealment of facts. No
requirement of fraud.
3. Duress: Physical or economic
a. Elements of economic duress (look for two guys):
i. bad guy—improper threat
ii. vulnerable guy—no reasonable alternative
✔✔Formation of Contract — Unconscionability - ✔✔Elements
1. Unfair surprise and oppressive terms
2. Tested (by the court) as OF THE TIME THE AGREEMENT WAS MADE
✔✔Formation of Contract — Ambiguity in Words of Agreement - ✔✔No K:
1. Parties use MATERIAL term subject to two reasonable interpretations;
2. Each party attaches different meanint to the term; AND
3. Neither party knows or has reason to know the terim is open to at least two
reasonable interpretations
✔✔Formation of Contract — Mistake of Fact Existing at time of K - ✔✔1. Mutual
Mistake of Material Fact
ANSWERS RATED A+
✔✔Formation of Contract — SOF (Within SOF): First, narrow, 3 - ✔✔1. Promise in
consideration of marriage: Not merely to marry, but also to do or not do something if
marry (prenuptial)
2. Promise by executor or adminstrator to pay obligation or estate from his own funds.
3. Promise to answer for [i.e. guarantee] the debts of another***Not merely a promise to
pay but rather to pay if someone else does not.
✔✔Formation of Contract — SOF (Within SOF): Service K 1 year - ✔✔SOF Applies:
1. Specific time period, more than 1 year
2. Specific time period, more than 1 year from date of contact
SOF does NOT apply:
1. Task, nothing said about time***Ignore what happens, key is what might happen (i.e.,
might be done in less than year)
2. Lifetime contract ***could end in less than a year
✔✔Formation of Contract — SOF (Within SOF): Transfers of interest in Real Estate -
✔✔Within SOF if transfers interest in real estate of a term of more than a year. E.g.:
1. Transfer of title
2. Easement over 1 year
3. Lease over 1 year
✔✔Formation of Contract — SOF (Within SOF): Sale of goods for 500+ - ✔✔Sale of
goods for $500 or more = SOF
✔✔Formation of Contract — SOF (How Satisfied): Performance - ✔✔1. Services
Contracts
a. Full performance by either party satisfies the SOF
b. Part performance does not satisfy SOF
2. Sale of Goods
a. Ordinary goods: General rule = Part performance satisfies SOF but only to extent of
part performance. If delivered (e.g., delivers 400 instead of 600 goods) then SOF
satisfied. If undelivered (e.g., party shorted sues for shorted 200 goods, doesn't work),
not satisfied.
b. Specially manufactured goods: SOF satisfied as soon as the sellef makes a
"substantial beginning" of making or obtaining the goods.
3. Real Estate Transfer K
a. Part performance by buyer of real estate can satisfy SOF. Generally any two of
following: 1) payment (full or close to full); 2) possession; or 3) improvements.
b. Full payment alone by buyer of reals estate does not satisfy the statute
, ✔✔Formation of Contract — SOF (How Satisfied): Writing - ✔✔1. SOF other than the
UCC's:
a. The contents of the writing OR WRITINGS contain all material terms, i.e. who and
what
b. Signed by the person to be charged, i.e. the D
2. UCC SOF:
a. Writing must have the quantity term ***doesn't need price term
b. Signing: Generally must be signed by person to be charged, but exception when both
parties are merchants and person who receives a signed writing with a quantity term
that claims there is a K fails to respond within 10 days of receipt.
✔✔Formation of Contract — SOF (How Satisfied): MISC. Issues - ✔✔1. Authorization to
enter into K for someone else = if underlying K would have to satisfy SOF, then
authorization to enter K for other person must be in writing
2. Contract Modification:
a. Ask if deal with alleged change is within SOF. If so, then alleged modification
agreement must be in writing.
b. Under CL, provisions requiring all modifications be in writing are ignored.
c. Opposite under UCC unless waifed.
✔✔Formation of Contract — Illegality, Misrepresentation, Duress - ✔✔1. Illegality: If
subject matter is legal but purpose is illegal, the K is enforceable only by the person
who did not know of the illegal purpose
2. Misrepresentation: Cancels deal. False assertion of fact or concealment of facts. No
requirement of fraud.
3. Duress: Physical or economic
a. Elements of economic duress (look for two guys):
i. bad guy—improper threat
ii. vulnerable guy—no reasonable alternative
✔✔Formation of Contract — Unconscionability - ✔✔Elements
1. Unfair surprise and oppressive terms
2. Tested (by the court) as OF THE TIME THE AGREEMENT WAS MADE
✔✔Formation of Contract — Ambiguity in Words of Agreement - ✔✔No K:
1. Parties use MATERIAL term subject to two reasonable interpretations;
2. Each party attaches different meanint to the term; AND
3. Neither party knows or has reason to know the terim is open to at least two
reasonable interpretations
✔✔Formation of Contract — Mistake of Fact Existing at time of K - ✔✔1. Mutual
Mistake of Material Fact
