Unilateral Contracts and Offer and Acceptance: When the offer requested performance rather than a promise. Here, the offeror-promisor would promise to pay upon the completion of the requested act by the promisee. Once the act was completed, a contract was formed. In such contracts, there is one promisor and one promisee.
a. Vests maximum protection in the offeror. An offeror is not bound until an act is complete.
Contract Formation: Intention to Be Bound
MUTUAL ASSENT: Often said to be an agreement on the “same bargain at the same time” a “meeting of the minds.” The process by which parties reach this meeting of the minds generally is some form of negotiation, during which, at some point, one party makes a proposal (an offer) and the other agrees to it (an acceptance). An actual subjective meeting of the minds is not necessary. Rather, courts use an objective measure, buy which each party is bound to the apparent intention that he manifested to the other(s).
Essay Portion: If you are asked to evaluate all possible claim, issue spotting. Can you spot the issue? Here are the facts, give advice to this person, discuss all claims.
**Always ask, is it for the sale of a good or not? UCC or Common Law?
1.) Identify all theories of potential recovery:
a. Issues. USE FACTS IN THE ISSUE.
2.) ID all rules
3.) Relevant facts:
a. Facts you believe are relevant for every theory of recovery.
4.) Discuss/Apply facts from both sides
a. For each theory of potential recovery.
b. Conclusion is not nearly important to Spanbauer as the analysis.
c. Raise clear arguments.
6.) Answer any other questions:
a. Book will ask other questions, answer them, i.e., do you need other facts.
7.) Answer the essay:
D) Defenses / policing the bargain
Then: Two Alternative theories of recovery (alternates to contract theory)
II. Reliance; Promissory estoppel
III. Restitution (what you get back): unjust enrichment (what the claim is called)
Multiple Choice Portion:
1.) Read the stem:
a. Note language requiring you to make an assumption.
• Legal; and
b. If it says “claim in equity” CROSS OFF any answers “in law” or “in contract”
2.) Read through all four alternatives:
a. Are there any incorrect statements of the law? CROSS OFF.
b. Are there any incomplete statements of the law? PUT A ? NEXT TO IT.
c. Look for any added facts. CROSS OFF.
d. Look for any irrelevant answers. CROSS OFF.
The New York Bar Exam is considered one of the hardest bar exams in the country. This Blogger created a matrix that tests the frequency of bar exam topics since July 1995 Bar Exam. It’s pretty interesting to see what his predictions are:
|This statistic reports how often the topic has appeared as compared to other topics for that Category. For example, WILLS topics have represented 133 of the 871 issues in the last 33 exams from July 1995 to July 2011. Of the 133 WILLS issues, the topic WILLS: Layperson Opinion has been 3 of those 133 issues, meaning it represents 2.3% of the WILLS issues that have appeared on the New York essays from July 1995 to July 2011.|
If you’re willing to shell out $350 for a premium subscription, you can have the sample analysis and more. Seems like a good idea, and I admire the tenacity that goes into trend spotting for the bar exam, but I think that Barbri created their own master frequency list. Well, they did for the Illinois Bar Exam at least.
Fixtures are tricky. Here’s a bare bones explanation of fixtures:
1) Definition: Fixture= chattel that becomes real property.
2) Intent: Primarily turns on intent of the annexer. Can be inferred from the objective intent using these factors:
- Nature of the chattel;
- Manner the chattel is annexed;
- Injury to the land by removal;
- Completeness that the chattel has with the way the land is used;
- Annexer’s relationship to the chattel (e.g. owner, bailee, etc.); and
- Annexer’s relationship to the land (e.g. licensee, fee owner, etc.).
3) Requirements: The three requirements for chattel to become a fixture are:
- Chattel must be annexed to the real property either actually or constructively;
- Chattel must be used for the purpose of which the land is used; and
- Intent of the annexer that the chattel becomes a fixture.
In those pesky Risk of Loss Questions involving Construction–who bears the Risk of Loss?
Destruction of a building without fault from either party the risk of loss is allocated as follows:
- New construction: Builder bears the risk of loss
- Renovation or remodeling (existing structure): Builder’s duty to perform is excused.
Civil–in one of 6 ways: Nemonic–NEW CDS
- Negligent Entrustment
- Wrongful Death
- Child Custody
- Defamation or Deceit
- Self Defense
- Modus Operandi
- Intent or absence of mistake
- Common plan or scheme
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- Blago Lawyers Map Defense Strategy / Chicago News Cooperative (chicagonewscoop.org)
Follow these answer choice guidelines*:
- “If” is a better choice than “because”
- “because” is the second best choice
- “unless” is a limiting choice.
- “Only if” is also usually wrong because it is very limiting
- “always” or “never” are usually wrong.
- Pick a correct statement of law over a correct statement of fact
*Please note–this works MOST of the time. Use your common sense and good judgment*