MBE Multistate Bar Examination — All Questions
4 questions
Under general contract principles, the three basic elements needed to form an enforceable contract are:
- a.Writing, signature, and a notary
- b.Offer, acceptance, and a lawsuit
- c.Offer, acceptance, and consideration✓
- d.Payment, delivery, and a receipt
A basic contract generally requires an offer, an acceptance, and consideration (a bargained-for exchange of value). Additional requirements such as capacity and legality also apply, and some contracts must be in writing.
Under the Statute of Frauds as generally applied, which contract typically must be evidenced by a writing to be enforceable?
- a.A contract to buy a cup of coffee
- b.A contract for the sale of land✓
- c.A promise to meet a friend for lunch
- d.An agreement to lend a book overnight
The Statute of Frauds generally requires a writing for certain contracts, including those for the sale of an interest in land. The specific categories and exceptions vary by jurisdiction, so the applicable state statute should be consulted.
Under the common-law mirror-image rule, an acceptance must:
- a.Match the terms of the offer without adding or changing terms✓
- b.Always add new favorable terms
- c.Be made only in writing
- d.Include a payment of money
At common law, the mirror-image rule requires that the acceptance mirror the terms of the offer; a response that changes or adds terms is generally a counteroffer, not an acceptance. Note that the UCC modifies this rule for the sale of goods.
Under the general pre-existing duty rule, a promise to do something a party is already legally obligated to do is:
- a.Always sufficient consideration
- b.Consideration only if put in writing
- c.Consideration only in federal court
- d.Generally not sufficient consideration for a new promise✓
Under the traditional pre-existing duty rule, performing or promising to perform an existing legal obligation is generally not valid consideration for a new promise. Some jurisdictions and the UCC recognize exceptions, such as good-faith modifications.