MBE Contracts: outline, rules sheet, and 100 practice questions
Everything the MBE tests in Contracts: a full outline, a rules sheet, 100 practice questions with explanations, and an attack sheet.
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What's included
MBE Contracts Outline
Every Contracts topic the MBE tests, rule by rule, with elements, exceptions, the traps answer choices set, and worked examples.
Contracts Rules & Elements Sheet
Every rule you need for Contracts in a line or two, with its elements and the exceptions that decide questions.
MBE Contracts Practice Questions
100 MBE-style questions with the answer and a full explanation of why each choice is right or wrong.
Contracts Attack Sheet
The order to work through a Contracts question, the issues to check, and how to eliminate wrong answers fast.
Every Contracts topic the MBE tests
- 1. Formation: offer, acceptance, and the mailbox rule
- 2. UCC Article 2: scope, merchants, firm offers, and battle of the forms
- 3. Consideration and its substitutes, including promissory estoppel
- 4. Defenses to formation: capacity, mistake, misrepresentation, duress, unconscionability
- 5. Statute of Frauds
- 6. Parol evidence rule and interpretation
- 7. Conditions: express, constructive, and excuse of conditions
- 8. Performance, substantial performance, and the perfect tender rule
- 9. Breach, anticipatory repudiation, and adequate assurances
- 10. Impossibility, impracticability, and frustration of purpose
- 11. Modification and discharge
- 12. Third-party beneficiaries
- 13. Assignment of rights and delegation of duties
- 14. Remedies: expectation, reliance, restitution, and limits on damages
- 15. UCC remedies, risk of loss, and warranties
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Everything the MBE tests in Contracts: a full outline, a rules sheet, 100 practice questions with explanations, and an attack sheet.
MBE Contracts Pack
$29.00
One-time purchase. 4 PDFs, yours to keep.
Try an MBE Contracts question
1. On June 1, Bert called Carol, a jewelry designer, to discuss a potential custom engagement ring. After describing the design he wanted, Bert asked, 'Will you make this ring for $3,500?' Carol responded, 'That sounds like a reasonable price, but I need to order the diamond and check my schedule. I'll call you back tomorrow with a final answer.' The next day, Carol called Bert and said, 'I can make the ring, and I'm confirming the price of $3,500.' Bert said, 'Great. I look forward to it.' Carol then ordered the diamond, but before starting work, the price of diamonds surged and the raw materials would now cost her $4,500. Carol refused to proceed with the ring and told Bert the project was off. Bert has now sued for breach of contract. Which of the following best describes the legal status of the parties?
- (A) Bert will lose because Carol's initial response was a counteroffer that required Bert to accept in writing before a contract formed.
- (B) Bert will lose because the diamond price surge constitutes an unforeseen circumstance that discharges Carol's obligations.
- (C) Bert will likely win because Carol began performance by ordering the diamond before repudiating the contract.
- (D) Bert will likely win because Carol's call on June 2 was an acceptance that formed a binding contract with Bert's response.
Show answer
D. Bert's question was an offer. Carol's first reply ('sounds reasonable, but I need to check… I'll call you back') was neither a rejection nor a counteroffer, so the offer stayed open, and her June 2 call accepted it and formed a contract. The counteroffer-requiring-written-acceptance theory fails because her reply proposed no different terms, and nothing required a written acceptance. A rise in material costs, even a sharp one, is a foreseeable market risk; it does not discharge a seller under impracticability or frustration. The theory based on Carol beginning performance is irrelevant: the contract was already formed by acceptance, and ordering the diamond does not create liability by itself.
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