Contracts (from outline)

Question 1

An offer requires an intent to enter into a contract plus ______ (e.g., quantity, price, and identity of the parties) and it must be ____ to the offeree

Answer 1

specific terms

communicated

Question 1

The creation of a contract requires an offer, acceptance, consideration, and no _____

Answer 1

defenses to formation

Question 2

A requirements or output contract will (fail/ not fail) for lack of quantity.

The amount sold or requested must be in ___ and _____ to the stated estimate or prior comparable output

Answer 2

not fail

in good faith

not unreasonably disproportionate

Question 3

An offer creates the power of ____ in the offeree with a reasonable ______ to be bound

This involves a promise, undertaking, or _____ to enter into a kx with certainty and definiteness to the essentional temrs, all communciated to the offeree

Answer 3

acceptance

intent/ expectation

commitment

Question 4

Generally price quotes are

Answer 4

NOT offers

For it to be an offer, it must be in response to a specific inquiry by someone

Question 5

Except for contracts for REAL PROPERTY, the failure to state the____ does not prevent the formation of a kx if the parties intended to form a kx w/o the ____ being settled

Answer 5

PRICE

Question 6

An offer for the sale of land/ realty must identify the land + include the _____

Answer 6

price

Question 7

An employment kx must have a definitive ______ or else not enforceable

if the _____ is not stated, then default is that the kx is terminable by either party ___

Answer 7

time

duration

at will

Question 8

for services kx, the ____ must be included in the offer

Answer 8

nature of the work

Question 9

for services kx, if there is no price stated, courts will construe a ______ price UNELSS the requesting party ____ of the quoted price beforehand

Answer 9

reasonable

knew

Question 10

A kx for the sale of GOODS must include the ____ being offered

Answer 10

quantity

Question 11

Under the UCC, _____ is not required and courts will supplment it for reasonable price

Answer 11

price

Question 12

a rejection of an offer is effective when the offeror ____ the rejection

Answer 12

recieves

Question 13

Under common law, a counteroffer can function as a rejection of the original offer and a ___

Answer 13

new offer

Question 14

Questions are ____

Answer 14

not counteroffers - so this does NOT terminate the offer

Question 15

conditional acceptances are essentially

Answer 15

counteroffers

Question 16

Special limitations on revocation (Don’t MOP)

Answer 16

1. Detrimental Reliance
2. Option kx
3. Performance of a unilateral kx

Question 17

AN option kx is created when the offeror promises to keep the offer open and the offeree pays ______to keep the offer open. The offeree is free to ____ the original offer within the option period, UNLESS the offeror has ________ on the offeree’s rejection

Answer 17

consideration

accept

detrimentally relied

Question 18

Under option kx, is there a special time restriction?

Answer 18

nope (unlike merchant firm offer)

Question 19

Under the UCC, when the offeror is a MERCHANT (someone who regaulrly sells in goods of certain kind / specialized knowledge of that business) and there is a _______ (not to exceed 3 months) then the offer CANNOT be revoked for up to that 3 months

Do you need consideration to make this offer “firm?”

Does the merchant need to be acting in his capacity as a merchant and not a hobby seller?

Answer 19

written and signed offer that PROMISES to keep that offer open for certain period of time

Nope

yup

Question 20

An offer CANNOT be revoked if there has been _____ by the offeree which is ______

Answer 20

detrimental reliance

reasonably foreseeable

Question 21

An offer for a true unilateral kx becomes _____ once performance has begun

Answer 21

irrevocablePar

Question 22

Partial performance of a unilateral kx makes that kx ______ and the offeror must give offeree reasonable time to perform

Answer 22

irrevocable

Question 23

A unilateral kx is only ACCEPTED once there has been ____

Answer 23

full performance of that kx

Question 24

DEFENSES TO KX FORMATION

Answer 24

–

Question 25

Capacity Defenses

incapcity can be a defense when entering into a kx w/ a minor, mentally incompetent, or _____

i

Answer 25

intoxicated person

However, they may be liabel for necessities

if the minor does NOT disaffirm the kx, and he continues once reaches age of majority, then it is implied that he AFFIRMED the kx so he must perform.

Question 26

Capacity Defenses

Duress is a defnese to kx formation when a party ________ to commit a wrongful act that would threaten the other party’s finances, property, well being, or life

Answer 26

threatens

Question 27

Capacity Defenses

Undue influence is when there is unfair persuasion where a person in a position of ____ uses that posiion to convince another to enter into a kx that is not in the party’s best interest

Answer 27

trust, confidence, or dominance

Question 28

Lack of kx formation defense

Mutual mistake occurs when both parties are mistaken as to a _____of fact that _______ the agreed upon terms, and neither party bears the risks, so the kx is _____

Answer 28

basic assumption

materially affects

voidable

Question 29

A unilateral kx is when a party knew or had reason to know of hte other party’s mistake, so the kx is

Answer 29

voidable

Question 30

mutual misunderstanding is when there is NO kx if both parties have a different understanding of a ____that is open to at least 2 reasonable interpretations and ________ has any reason to know of the meaning attached by the other

Answer 30

material term

neither party

Question 31

a kx is VOID If the subject matter is

Answer 31

illegal (i.e., selling drugs

Question 32

key word for Duress is

Answer 32

improper threat

Question 33

key word for undue influence is

Answer 33

abuse of trust in relationship to INDUCE another to enter into kx

Question 34

key word for mutual mistake

Answer 34

basic assumption + material effect

voidable

Question 35

misrepresentation can be _____ or ____

Answer 35

fradulent OR material

Question 36

Whether or not a misrepresentation is fraudlent, the kx is VOIDABLE by the innocent party if that party_____on it and it was ____

Answer 36

justifiably relies

material

Question 37

the nondisclosure of a material fact is NOT considered a material misrepresentaiton, unless the fact is needed to

Answer 37

correct a misrepresentation

Question 38

a kx is unconscionable if there is (1) unfairness in the bargaining process, and (2) ____ of one party

Answer 38

oppression

Unfair price alone is not grounds for unconscionability

Question 39

If a kx is against a licensing statute and the license is meant to protect the public, then the person who got the benefit ________ pay

Answer 39

does not have to pay

Question 40

BUT if a kx is against a licensing statute that exists ONLY to ___ rather than to protect the public, then the person who got the benefit still has to pay in ___

Answer 40

raise revenue

restitution

Question 41

covenants to not compete must be _____ and the services must be ____

Answer 41

reasonable
unique

Question 42

STATUTE OF FRAUDS

Answer 42

—– get ready for this shit

MY LEGS

Question 43

The SOF requires a writing signed by the party _____ that evidences a kx

Answer 43

to be charged (generally means the defendant)

Question 44

Which kx fall into the SOF?

Answer 44

MY LEGS

Marriage

Kx that cannot be performned within a year

Kx for the sale of LAND

Promises made by an executor to pay a debt from his own estate

kx for the sale of goods over $500

surety kx

Question 45

the statute of frauds requires one or more writings, signed by the party to be charged, and the writings must (1) reasonably identify the _____ of the kx, (2) indicate that a kx has been made, and (3) state with ____ the _____ of the kx

Answer 45

Subject matter

reasonable certainty

essential terms

Question 46

EXCEPTIONS where no signed writing is required

Answer 46

1. Land - part performance (2/3 of these things happen: buyer takes possession of rthe proeprty, improves the land significnatly, or pays a substantial amount of the purchase price)

Sale of goods:
1. Merchant confirmatory memo exception
2. Specially manufactured goods - seller made subsntantial beginning in manufacturing them and not suitable to sell to others in seller OCOB
3. judicial admissions
4. part performance (pays for or accepts a part of a kx)

Surety (promise to pay debt of another) does not fall into SOF ONLY IF the MAIN PURPOSE of the surety promise is to serve a pecuniary interest of the person making the promise

Full performance of a kx that normally cannot be performed within one year will satisfy SOF

Question 47

a kx to sell goods costing more than $500 MUST be in writing and contain the essential material terms + ___

Answer 47

quantity

Question 48

Exceptions to the rule about kx for goods $500 + must be in writing:

SWAP

Answer 48

1. Specially manufactured goods
2. Merchant confirmatory memo (Written confirmation by merchant)
3. Surety
4. Admission (judicial)
5. Partial payment or delivery that has been made/ accepted

Question 49

a merchant confirmatory memo is a written confirmation of an oral agreement between two merchants (one who deals regualrly in goods of that kind sold) which satisfies the SOF as long as the kx is (1) a signed writing, (2) specify the _____, (3) the buyer does not object to the writing within ___ days

Answer 49

quantity

10

Question 50

When a kx right is assigned to a party gratuitosly (without recieving anything in exchange) the assignor can still revoke the assignment unless and until the assignee obtains _____ from the obligor

Answer 50

performance

Question 51

contract rights are freely assignable except in very limited circumstances as where the assignment would _____the duty of the obligor

Answer 51

materially change

Question 52

imrpacticality requires an _____, unreasonable, and unanticipated difficulty or expense.

Answer 52

extreme

Question 53

here, there was no mutual mistake because the builder _____ the risk that the ground included granite, and he cannot avoid the kx if the construction proves to be more difficult than expected

Answer 53

assumed

*an element of mutual mistake is that the party cannot have ASSUMED the risk of the mistake

Question 54

a kx may be rescinded on grounds of unilateral mistake if the mistake relates to a _______ of the contract that has a material effect on the exchange, and the party asserting the mistake should not bear the risk of the mistake +

(1) the non-mistaken party has reason to KNOW of the mistake, or (2) the effect of the mistake would make enforcement of the kx ______

Answer 54

fundamental assumption
unconscionable

Question 55

for a novation to be proper, the obligee must expressly agree to accept the delegate’s performance instead of the original delagor, AND the obligee must ______ the delegator from liability!!!!

simply consenting to the delegation is not enough to insulate the delegator from liability

Answer 55

RELEASE!!!!!!!

Question 56

a delegation refers to duties (not ____) under a kx. A party who wishes to have another person perform his duties under a kx may delegate them and can do that w/o additional _____

Answer 56

rights
consideration

Question 57

a novation requires both the builder’s consent to the delegation to the man AND the builder’s _____ of the expert from liability under the original kx

Answer 57

release

Question 58

under common law, a modification of a kx is unenforceable when there is no new consideration

BUT when there is an unforeseen difficulty so severe that it rises to the level of ______ the consideration required for modification will be considered satisfied by the party’s promise to complete their pre-existing contractual duty

Answer 58

impracticality

Question 59

to meet the standards of “impracticability” the performing party needs to have encountered extreme and unreasonable difficulty or expenses that were NOT ____ at the time of formation

Answer 59

anticipated

Question 60

if a party repudiates a kx, then tries to retract the repudiation.

If the buyer had changed his position in material _____ on the repudiation, this makes the retraction _____

Answer 60

reliance
ineffective

Question 61

an effective retraction must be _____ before the injured party changes his position in material reliance on the repudiation, NOT just prior to the time for _____

Answer 61

communicated
performance

Question 62

a repudiation may be retracted unless the injured party materially _____ position, (2)sues for _____, or (3) considers the repudiation _____ before retraction

Answer 62

(1) changes
(2) breach
(3) final

Question 63

an agreement to which assent is induced by a misrepresentation is NOT ___. Rather, it is _____ which allows the party whose assenet was induced by the misrepresentation to avoid the agreement

Answer 63

void
voidable

Question 64

A seller might be able to recover the difference between the contract price and the market price at the time of tender. But when the market formula for damages is inadequate, the seller may recover its lost profits ont he sale (plus _______) if the seller can demonstrate that it could have profitably made the extra sale ahd the kx gone forward (ie this is a LOST VOLUME SELLER)

Answer 64

incidental damages

Question 65

When a store can obtain more units than it can sell at retail, this suggesets that the store is a “lost volume seller” and therefore can recover the profit it _______ on the kx + ______

Answer 65

expected to earn
incidental damages

Question 66

Under the UCC, failuer to give notice of resale does not completely cut off teh seller’s right to recover damages__

Answer 66

damages

Question 67

A kx may be rescinded on grounds of supervening impossibility where a party’s performance is made IMPOSSIBLE without his fault due to the occurance of an event, the non-occurance of which was a basic ____ on which the kx was made

Answer 67

assumption

Question 68

When a kx has been rescinded on grounds of supervening impossibility, a party may obtain ____ of any benefit conferred by way of part performance of the kx

Answer 68

restitution

Question 69

FORM 1

Johnny Merchant sends a little form that says “I want the newest AirPods for $500! And I want them by January 1st!”

FORM 2

Then Bob Merchant sends back his own cute little form which says “Great! I will send you the new AirPods for $500 by January 1st!! And also….. one last little thing Johnny…. if I breach my liability will be limited to $3.”

is there a kx?

Answer 69

(D) There is an enforceable contract between Bob and Johnny whose terms do NOT include Bob’s limited liability clause.

Question 70

Tip #2: If you are selling some goods and leave out a time for payment, price, place of delivery, or time of shipment - GOOD NEWS. The UCC will just fill in a reasonable value for almost everything, even a _____!

Answer 70

reasonable price

Question 71

MBE Trick #1: They will not include a quantity and will include no way to figure it out.

They always test this in a Statute of Frauds issue. Guys, none of us want to talk about the Statute of Frauds but it is some dumbass rule that says if the goods are over $500 we need a writing which states the essential terms of the contract.

And one of the essential terms is… you guessed it… __

Answer 71

QUANTITY

Question 72

The problem will say this

“John and Bill had a contract for $501 to sell some guitars. They had a writing which said this

John and Bill have a contract for $501 to sell some guitars

Is this contract enforceable under the Statute of Frauds?

Answer 72

(A) - (D) = No, it lacks a definite quantity term and for a writing to satisfy the statute of frauds, it must contain a quantity term.

You will literally scantron in A through D, every single bubble.

Question 73

MBE Trick #2: They will try to trick you into thinking there is no quantity but will give you an OUTPUT or REQUIREMENTS contract.

The question will look exactly like this:

Kim Karadashian made a contract to buy all the spandex that Spandex, Inc. could put out in a year for her SKIMS clothing brand.

Is this contract enforceable?

Answer 73

(A) Yes, under the UCC it is.

Question 74

Tip #3: Real property contracts must identify (1) the parties, (2) state a description of the land, and (3) this is the only element that matters - you must state a ____ or it is OVER for you

Answer 74

price term

Question 75

the court will NEVER gap fill a _____ into a real estate kx

Answer 75

reasonable price

Question 76

Under the UCC, unelss the kx specifies otherwise, a buyer’s obliation to PAY is conditioned upon the tender of goods by the

Answer 76

seller

Question 77

tender of goods is effected when the seller makes CONFORMING GOODS _____ for the buyer’s disposition and gives the buyer _____ sufficient to enable the buyer to take _____

Answer 77

available
notice
delivery

Question 78

unless the kx specifies otherwise, under UCC, the place of delivery is the _____ place of business

AND

payment is due at the time and place WHERE the BUYER is to recieve the goods

Answer 78

SELLER

Question 79

Because the fixtures company-apartment compelx kx is silent with respect to the place of delivery, tender by the figures company does NOT requrie them to deliver the goods to the apartment complex’s place of business, but only to make the goods _____ at the _______ place of businss for the apartment compelx to take delivery

Further, because the kx does not specify a time of payment, payment will eb due at the time the _____

Answer 79

available
fixtures company’s

buyer recieves the goods!

THUS unless the apartment company pays the fixtures company for the fixtures, the fixtures company will ahve NO DUTY to tender then to the apartment complex

Question 80

A wrongfully discharged employee is expected to mitigate damages by making reasonable efforts to seek ______

but if no ______ is reasonable available and the businesswoman does NOTa take another job, the businesswoman is entitled to recover the promised salary for the remainder of the two years

Answer 80

comparable employment

Question 81

a wrongfully discharged employee must do MORE than just “remain able to work.” She must look for comparable employment to _____ her damages

Her recovery will be reduced by the compensation she earned or could have earned if she had made r_____ to secure comparable employment

Answer 81

reduce
reasonable efforts

Question 82

The general rule is that employers cannot obtain _____ requiring an employee who has breached a personal services kx to work for the empolyer

Answer 82

specific performance

Question 83

I said an offer to buy goods for prompt shipment invites acceptance by…. ACTUAL SHIPMENT…. OF THE GOODS….. OR A _____!

Answer 83

PROMISE TO SHIP THEM

Question 85

How will we recognize a UCC 2-206 problem on the test? It will say two simple words.

Answer 85

PROMPT SHIPMENT

Question 86

Goat sent a purchase order to Rainbow Brown on January 1st that said “ship me a modular synthesizer of the highest and most pure quality so I may make the music of the Gods.”

Rainbow ships the modular synthesizer on January 2nd.

WAS A KX FORMED?

Answer 86

YES

Question 87

Trick #2: What happens if you request prompt shipment and they ship you… the wrong shit.

But there is a notice of accomodation

pick the answer that says

Answer 87

the buyer can either accept or reject teh different [goods] and in either event recover damages, if any, for breach of kx

Question 88

accomodation letter = buyer can

Answer 88

accept or reject he goods + recover damages if any for the BREACH of kx

Question 89

You are allowed to have a condition in a contract which is “subject to your personal satisfaction.”

However, the bar exam trick is that it has to actually be in ____

Answer 89

GOOD FAITH.

Question 90

You can remember delegation by a simple mnemonic (ladies, shield your eyes): Double D’s.

Answer 90

Duties are DELEGATED.

Question 91

You can remember assignments by a simple mnemonic (I’m not political): Ban AR’s.

Answer 91

Assignment deals with Rights.

Question 92

Assignment is about giving a third party the BENEFITS or RIGHTS of your contract.

Delegation is about making a third party _____- you are giving them OBLIGATIONS and DUTIES lmao

Answer 92

DO shit for your contract

Question 93

DUTIES are ____

RIGHTS are ____

Answer 93

Delegated
assigned

Question 94

If Goat and Sheep have a CONTRACT where Goat has to pay sheep, sheep can assign the rights of payment to______.

Answer 94

Fantastic Mr. Fox

Question 95

Let’s say Goat and Sheep have a contract where Goat will paint sheep’s house. Goat can DELEGATE the responsibility to perform those services to FOX. Fox will now paint the house, but Goat will STILL _____ if Fox fucks it up.

Answer 95

remain liable

Question 96

Step 2: The person RECEIVING the benefit (the assignee) agrees to have it assigned to them.

PTA - Parent Teachers Association. We can EASILY remember this. We are all mature, we all have kids, we all attend these Parent Teachers Meetings. Remember that, I just thought of it.

No consideration is required, and they can be ORAL or in writing. Simple.

Answer 96

Easy. Present Transfer. Agreement from receiving party.

Question 97

Scenario #1: You put some weak ass prohibition language in the contract trying to stop the assignment. You breach if you assign, but assignee still gets PAID.

If you say something in the contract like “hey, this contract can’t be assigned.”

Sorry guys, this shit is still able to get assigned. Of course, it will still be a BREACH if you assign it, but the person GETTING the assignment is still able to ____

Answer 97

enforce their rights

Question 98

Scenario #2: You put some strong ass VOID language into the contract. Nobody gets paid AND you breach.

This contract is void if it is assigned” OR

“If this contract is assigned, it has ABSOLUTELY NO EFFECT!!!”

Now this language shows that the parties intended the contract to have NO EFFECT if it got assigned, and therefore, if you STILL assign it and try to be sneaky… not only will you BREACH, but the person you are trying to assign it to GETS ____

Answer 98

nothing

Question 99

But here’s the big trick: When you delegate, YOU remain liable. So if Goat and Cow have a contract, and Goat is being a lazy fuck and assigns it to rabbit, Cow can sue BOTH ____

Answer 99

goat and rabbit

Question 100

You can delegate duties except in a few scenarios:

The contract PROHIBITS delegations or says “no delegations”… then you can’t do it. Guys you know this, it’s the same for assignments. Stop playing with me.

RED ALERT: THIS IS THE ONLY EXCEPTION THE MBE TESTS. Basically, you can’t delegate a duty if it involves “_____” or someone’s “special reputation.” Obviously you can’t just delegate me to pain the sistine chapel, it would look like this.

Answer 100

persona skill

Question 101

“It is hornbook law that a no assignments clause will prohibit _____ of duties. The proposition is too elementary

Answer 101

delegation

Question 102

WHEN YOU GET THE ASSIGNMENT = THAT IS THE DEAL YOU GET. NOT THE _____ DEAL. DON’T GET GREEDY.

Answer 102

earlier

There was this one problem where a guy had to pay his friend Jimmy on the 1st of every month.

Then the guy was always late so Jimmy was like “fuck it you can pay me on the 5th instead.”

Then Jimmy assigned it to his Dad and his dad was like “okay lol I get payment on the first.”

SORRY JIMMY’S DAD - YOU GET PAYMENT ON THE 5TH OF THE MONTH.

Question 103

Trick #4: They will always try to test you if you know that you can sue both the DELEGATOR and the DELEGATEE.

Yes, you can sue BOTH me and CHRIS. Unless we all agree to RELEASE me through what is called a ____…. you can sue EVERYONE. JUST REMEMBER THIS.

Answer 103

novation

Question 104

Trick #5: Let’s be real, on the MBE they will test you to see if you know that you can’t delegate some highly specific ____ project like a novel to some random Wattpad harry styles fan-fiction writing 13 year old.

You obviously can’t delegate some extremely personal shit which requires a lot of skill to some random you met on Craigslist.

Answer 104

artistic

Question 105

Well, we have four basic ways for a third party beneficiary to get their rights to VEST.

Let’s say Johnny calls up Aunt Sally and says “Thank you SO SO much for the bike! I am so excited to ride my new carbon fiber fixed gear bike to the hipster coffee shop and get a Golden Girls tattoo. I love you Aunt Sally!” This is _____, and it will allow your third party rights in the bicycle to VEST because you had awareness of it and acknowledged it.

Answer 105

manifesting assent

Question 106

Or maybe Johnny learns about the new bike Aunt Sally is going to get him and he throws away his old bike. This is called _____and will ALSO allow his rights to vest. (Hint: this is the most common tested way that third-party beneficiaries rights vest on the MBE).

Answer 106

detrimental reliance

Question 107

If there is an _____ term in the contract between Johnny’s mom and Aunt Sally that Johnny’s rights in the bicycle will vest. (We normally see this with life insurance policies naming someone)

Answer 107

express

Question 108

If the intended beneficiary ____ to get their benefit of the contract.

Answer 108

sues

Question 109

Keep in mind that all these exceptions require little Johnny to have ____ of the bicycle deal.

Your rights will NEVER vest if you don’t know the deal even exists.

Answer 109

knowledge

Question 110

Before vesting happens in ANY of these four scenarios, Aunt Sally and Johnny’s mom can _____ or ___ the contract in ANY WAY they want, without Johnny’s knowledge or input!

Answer 110

modify or rescind

Question 111

Scenario #1: You list your daughter as the beneficiary of your life insurance policy = BOOM. That is an INTENDED BENEFICIARY. They were NAMED, they have ___.

Answer 111

rights

Question 112

Scenario #2: You are building a MASSIVE pickle ball court on your yard and have a contract with the Pickleball court builders.

Then you decide to NOT build it. Can the old people in the neighborhood sue you and enforce their rights as beneficiaries?

NO. They are _____They are NOT named in the contract, they have NO CONTRACTUAL RIGHTS, and they CANNOT ENFORCE THE CONTRACT.

Answer 112

INCIDENTAL BENEFICIARIES.

Question 113

Example #1: RELIANCE. Remember: The MBE is obsessed with this scenario: where a third party beneficiary ____ on two other peoples’ contract and then their rights become VESTED..

Answer 113

relies

Question 114

YES. You were an INTENDED BENEFICIARY who ______, and therefore your rights ____ and their ability to MODIFY or CHANGE the agreement ended.

Answer 114

materially relied
vested

Question 115

t’s true, the bank is an intended beneficiary of the contract.

But they don’t JUST get the good parts of the ability to enforce the contract.

They also have to deal with ____ people have against them (like the $2 deduction for fucking shit up with the grass).

The bank steps into the shoes of SNOOGOATS, and they don’t just get the money, they get the DRAMA too. They get DEFENSES which can be asserted against them, just like they could have been asserted against me.

Answer 115

defenses

Question 116

INTENDED BENEFICIARIES =

INCIDENTAL = RANDOM FREELOADERS TRYING TO CASH OUT WHO NOBODY MENTIONED IN THE MBE PROBLEM

Answer 116

ACTUALLY INTENDED AND MENTIONED IN THE PROBLEM

Question 117

FOUR WAYS TO VEST

Answer 117

KNOWLEDGE + ASSENT

KNOWLEDGE + RELIANCE

KNOWLEDGE + EXPRESS TERM

KNOWLEDGE + SUING PEOPLE ABOUT IT

Question 118

whether a beneficiary is “intended” is determined by examining several factors, including wheether (1) the beneficiary could have reasonably relied on the fact that a purpose of the kx was to confer a right to him,

(2) performance is supposed to run directly from a contracting party to a third party

(3) if part of the overall objective of the parties to the kx was to ____

Answer 118

benefit the third party

Question 119

NO FACTS indicate that the patient could have reasonably relied on any promise under the kx to confer a right to her, or that hte kx _______ to run directly to her, or that the overall obejctive was specifically yo benefit eh patient

Answer 119

intended performance

Question 120

it (is/is not) required that an intended third party beneficiary be ___named in the kx

Answer 120

explicitly

Question 121

implied contracts are formed by manifestations of assent other than oral or written language (i.e., by ____)

Answer 121

conduct

Question 122

installment kx = key phrase is

Answer 122

substantial impairment

Question 123

Trick #1: You didn’t even try to make the condition happen you lazy fuck.

The MBE scenario is this: u/Okay_Service_6107 enters into a contract with Goat to buy an Island for $145,136,192. The contract contains the following clause “This contract is conditional on Goat securing bank financing at an interest rate of 7% or below.”

Goat doesn’t even make a financing application or even try to get a loan because he was Live Action Roleplaying and high on an edible when he contacted the realtor the night before.

u/Okay_Service_6107 now sues Goat. What happens?

Answer 123

Normally, a performance subject to an EXPRESS CONDITION like this will not become due unless the condition occurs or its nonoccurrence is excused.

However, the duty of good faith IMPOSES a duty on Goat to actually TRY to get financing. He can’t just NOT TRY AT ALL TO FULFILL THE CONDITION OF FINANCING lol.

So even though the condition did not happen, Goat is not excused. He has to pay up for this island. And I will.

Question 124

Trick #2: Somebody blocked you from fulfilling the condition.

The MBE scenario is this my young friends:

The police department says “hey look, if you help us arrest a fugitive, and if the arrest leads to a conviction, you’re getting $1 million dollars.”

OKAY GOATS SO WE GOT TWO CONDITIONS TO GET THAT PAPER

CONDITION 1: WE ARREST THIS GUY

CONDITION 2: HE IS CONVICTED

Answer 124

So we catch him and arrest him.

CONDITION 1: SATISFIED.

Then the cops start talking to him in the interrogation room

We can’t. We got obstructed, blocked by the police. They GAVE us the rules, then they prevented us from WINNING the game.

Does this excuse nonoccurrence of the condition? Do they not have to pay us?

NO. The doctrine of prevention states that a party must REFRAIN from doing some shit that would BLOCK the person getting paid from fulfilling a condition.

Question 125

Scenario #3: The condition was meant to benefit the other party, but you tried to be out here crying like it was for you.

The rule is this: If a condition is only there to benefit ONE party, the OTHER party can’t use its nonoccurrence as an _____not to perform. She would still have to pay me the money even though I didn’t get the killer 0% APR financing rate. She couldn’t use my failure to satisfy a condition that legally protected me as a means to back out because the price went up and she wanted to keep the land.

Answer 125

excuse

Question 126

Wrong. If a condition is waived (aka the person paying became AWARE and IGNORED IT), it releases the other party from the obligation of that specific term. If you waive = ___

Answer 126

you pay