BARBRI MBE COMPREHENSIVE EXAM UPDATED
QUESTIONS AND ANSWERS RATED A+
✔✔danger invites rescue (principal) - ✔✔a rescuer is a foreseeable P.
✔✔automobile entrustment (c.law rule) - ✔✔an automobile owner is NOT liable for torts
committed by another person driving the automobile
✔✔TP'ing of animals - ✔✔owner of TP'ing animals is strictly liable for the damage they
cause as long as it was REASONABLY FORESEEABLE
✔✔product SL - ✔✔a product can be the basis for a products liability action if the
product was in a DANGEROUS CONDITION unreasonably dangerous to users.
for design defects, the P usually must show a reasonable alternative design (that a less
dangerous modification or alternative was economically feasible).
✔✔private nuisance - ✔✔substantial, unreasonable interference with another private
individual's use or enjoyment of her property.
substantial interference = the activity must be offensive, inconvenient or annoying to an
average person in the community. (P's hypersensitivity does not count).
✔✔wrongful death action (recovery) - ✔✔recovery only allowed to the extent that the
deceased could have recovered in the action had she lived.
✔✔involuntary transfer (of future interest) - ✔✔if a future interest can be transferred
voluntarily by its owner, it is also subject to involuntary transfer
(it can be reached by the owner's creditors by appropriate process. all types of vested
remainders are fully transferable during life).
✔✔periodic (monthly) tenancy - ✔✔for a tenancy that is less than a year in duration,
notice must be given a full period in advance of the termination.
✔✔RAP - ✔✔no interest in property is valid unless it must vest, if at all, not later than 21
years after one or more lives in being at the creation of the interest. options to purchase
are generally considered to be assignable and thus subject to the Rule.
✔✔adverse possession - ✔✔possessor must show:
1. actual entry giving exclusive possession that is
2. open and notorious,
3. adverse (hostile)
4. and continuous throughout the statutory period (10 for c.law 15 for MI)
, ✔✔BFP + voidable deed - ✔✔deed is voidable if it is executed by a minor or
incapacitated person or is obtained through fraud in the inducement, duress, undue
influence, mistake, or breach of fiduciary duty.
UI exists where:
1. influence is exerted on the grantor,
2. the effect of the influence is to overpower the mind and free will of the grantor, and
3. the product of the influence is a deed that would not have been executed but for the
influence.
voidable deed will be set aside ONLY if not passed to a BFP (purchaser who pays
valuable cons. + wo notice)
✔✔Art 2 gap fillers - ✔✔key to forming a K for the sale of goods is the quantity term. if
other items are missing from the agmt, art 2. gap fillers fill in missing terms.
under gap fillers, if time for delivery is not specified, delivery is due within a reasonable
time.
✔✔option K - ✔✔option K is where the offeree gives cons for a promise by the offeror
not to revoke an outstanding offer.
✔✔Requirements K's - ✔✔a buyer promises to buy from a certain seller all of the goods
it requires, and the seller agrees to sell that amount to the buyer.
✔✔ambiguous K language - ✔✔the expression of the parties' agmt is open to two
different interpretations. in cases where one party is aware of the ambiguity and the
other party is not at the time of K'ing, a K will be enforced according to the intent of the
party who was unaware of the ambiguity.
✔✔accord + satisfaction - ✔✔accord is the agmt under which one party agrees to
accept some other, different performance from the other party than he would have
received under the existing K. accord must be supported by cons.
satisfaction of the accord discharges and the original K.
✔✔lost volume seller - ✔✔BASIC DMGS: diff. bw K price and market price @ time of
performance OR
diff bw K price + resale price
if NEITHER measure puts seller in as good a position as performance would have, the
seller is a lost volume seller and may recover lost profits + incidental damages.
the seller may recover lost profits plus incidental damages. (diff. bw K price and market
price)
QUESTIONS AND ANSWERS RATED A+
✔✔danger invites rescue (principal) - ✔✔a rescuer is a foreseeable P.
✔✔automobile entrustment (c.law rule) - ✔✔an automobile owner is NOT liable for torts
committed by another person driving the automobile
✔✔TP'ing of animals - ✔✔owner of TP'ing animals is strictly liable for the damage they
cause as long as it was REASONABLY FORESEEABLE
✔✔product SL - ✔✔a product can be the basis for a products liability action if the
product was in a DANGEROUS CONDITION unreasonably dangerous to users.
for design defects, the P usually must show a reasonable alternative design (that a less
dangerous modification or alternative was economically feasible).
✔✔private nuisance - ✔✔substantial, unreasonable interference with another private
individual's use or enjoyment of her property.
substantial interference = the activity must be offensive, inconvenient or annoying to an
average person in the community. (P's hypersensitivity does not count).
✔✔wrongful death action (recovery) - ✔✔recovery only allowed to the extent that the
deceased could have recovered in the action had she lived.
✔✔involuntary transfer (of future interest) - ✔✔if a future interest can be transferred
voluntarily by its owner, it is also subject to involuntary transfer
(it can be reached by the owner's creditors by appropriate process. all types of vested
remainders are fully transferable during life).
✔✔periodic (monthly) tenancy - ✔✔for a tenancy that is less than a year in duration,
notice must be given a full period in advance of the termination.
✔✔RAP - ✔✔no interest in property is valid unless it must vest, if at all, not later than 21
years after one or more lives in being at the creation of the interest. options to purchase
are generally considered to be assignable and thus subject to the Rule.
✔✔adverse possession - ✔✔possessor must show:
1. actual entry giving exclusive possession that is
2. open and notorious,
3. adverse (hostile)
4. and continuous throughout the statutory period (10 for c.law 15 for MI)
, ✔✔BFP + voidable deed - ✔✔deed is voidable if it is executed by a minor or
incapacitated person or is obtained through fraud in the inducement, duress, undue
influence, mistake, or breach of fiduciary duty.
UI exists where:
1. influence is exerted on the grantor,
2. the effect of the influence is to overpower the mind and free will of the grantor, and
3. the product of the influence is a deed that would not have been executed but for the
influence.
voidable deed will be set aside ONLY if not passed to a BFP (purchaser who pays
valuable cons. + wo notice)
✔✔Art 2 gap fillers - ✔✔key to forming a K for the sale of goods is the quantity term. if
other items are missing from the agmt, art 2. gap fillers fill in missing terms.
under gap fillers, if time for delivery is not specified, delivery is due within a reasonable
time.
✔✔option K - ✔✔option K is where the offeree gives cons for a promise by the offeror
not to revoke an outstanding offer.
✔✔Requirements K's - ✔✔a buyer promises to buy from a certain seller all of the goods
it requires, and the seller agrees to sell that amount to the buyer.
✔✔ambiguous K language - ✔✔the expression of the parties' agmt is open to two
different interpretations. in cases where one party is aware of the ambiguity and the
other party is not at the time of K'ing, a K will be enforced according to the intent of the
party who was unaware of the ambiguity.
✔✔accord + satisfaction - ✔✔accord is the agmt under which one party agrees to
accept some other, different performance from the other party than he would have
received under the existing K. accord must be supported by cons.
satisfaction of the accord discharges and the original K.
✔✔lost volume seller - ✔✔BASIC DMGS: diff. bw K price and market price @ time of
performance OR
diff bw K price + resale price
if NEITHER measure puts seller in as good a position as performance would have, the
seller is a lost volume seller and may recover lost profits + incidental damages.
the seller may recover lost profits plus incidental damages. (diff. bw K price and market
price)
