MBE Flashcards
what must the offeror do if the offeree in a signed writing gives assurances that an offer will be held open
Under the UCC, an offer by a merchant to buy or sell goods in a signed writing that, by its terms, gives assurances that it will be held open is not revocable for lack of consideration during the time stated (not to exceed three months). If the term assuring that the offer will be held open is on a form supplied by the offeree, it must be separately signed by the offeror.
what its an option and is it revocable?
. An option is a distinct contract in which the offeree gives consideration for a promise by the offeror not to revoke an outstanding offer. The collector paid the car salesman $100 to hold the offer open for a period of 25 days, and the offer could not be terminated before that time, not even by the offeree
Under the modern and better view of the Restatement (Second)…
Under the modern and better view of the Restatement (Second), a promise modifying a duty under a contract not fully performed on either side is binding if the modification is fair and equitable in view of circumstances not anticipated by the parties when the contract was made.
what happens if one party is mistaken about the facts in a contract and the non mistaken party knows about this and says nothing
Where only one of the parties is mistaken about facts relating to the agreement, the mistake usually will not prevent formation of the contract. However, if the nonmistaken party is aware of the mistake made by the other party, he will not be permitted to snap up the offer; i.e., the mistaken party will have the right to rescind the agreement. Under the facts in this choice, the buyer knows that the nephew is mistaken about the identity of the artist, which is a basic assumption of the contract for the paintings.
what is malice afterthought?
Malice aforethought” can mean that the defendant is acting with reckless indifference to an unjustifiably high risk to human life.
can the death of a co-felon constitute felony murder?
criminal liability for murder cannot be based on the death of a co-felon from resistance by the victim or police pursuit.
what happens if an undercover cop is conspiring with someone for a crime. Can that person be guilty of conspiracy?
If one person in a two-party conspiracy is only feigning agreement, the other person cannot be convicted of conspiracy under the common law bilateral approach.
Can a landlord commit beggarly if she entered with her own key?
use of a key to gain access to the cottage without the consent of the person who had the right of occupancy is deemed to be a use of force to gain entry, in the same way as if a person who did not own the cottage were to gain entry by means of a key.
can police officers search everyone on a premises if they have valid search warrant?
A search warrant does not authorize the police to search persons found on the premises who are not named in the warrant.
is time of the essence in real estate contracts?
In general, courts presume that time is not of the essence in real estate contracts. Thus, the closing date stated in the contract is not absolutely binding in equity, and a party, even though late in tendering his own performance, can still enforce the contract if he tenders within a reasonable time. (One to two months is usually considered reasonable.) Time will be considered of the essence only if: (i) the contract so states, (ii) the circumstances indicate it was the parties’ intention, or (iii) one party gives the other notice that he desires to make time of the essence
what happens if a buyer wants to buy real property but it ends up being kdestoyef. Does he get his deposit back and does he still have to pay the full amount of the contract?
Where property subject to a contract for sale is destroyed without the fault of either party before the date set for closing, the rule in the absence of a statute is that the risk of loss is on the buyer. Thus, the buyer must pay the contract price despite a loss due to fire, unless the contract provides otherwise.
if person A has a property for life and persons B and C have a fee simple and person A takes out a mortgage but doesn’t tell B and C. do B&C still have to make the repayments if person A dies?
Person A must obtain the consent or joinder of the remainderman when he mortgaged the land, the mortgage attaches only to the life estate. Thus, the remaindermen (Persons B and C) are not liable for the mortgage payments.
impleader claim
The Federal Interpleader Act provides special rules for dealing with subject matter jurisdiction, personal jurisdiction, and venue. Under the act, interpleader can be brought if any two claimants are citizens of different states and the amount in controversy is $500 or more.
is an injunction reviewable?
injunctions are reviewable before there is a final judgment. Generally only final orders are reviewable, but certain interlocutory orders, including those involving injunctions, are immediately reviewable
is tax applicable only to the press or based on the content of a publication constiutional?
Press and broadcasting companies can be subject to general business taxes, but a tax applicable only to the press or based on the content of a publication will not be upheld absent a compelling justification.
