Contracts on the MBE
Contracts questions usually hinge on whether the common law or Article 2 governs, and then on which stage of the contract is at issue. These articles track that structure: offer and acceptance, consideration and its substitutes, the Statute of Frauds, the defences that void or avoid a contract, conditions and material breach, and the measure of damages.
Articles 26
- The Statute of Frauds on the MBE: MYLEGS and Beyond
Which contracts must be in writing? Learn the statute of frauds categories, exceptions, and how the MBE tests this fundamental Contracts rule.
- Specific Performance and Injunctions on the MBE
When are money damages inadequate? Learn when courts grant specific performance and injunctions in contract disputes on the MBE.
- Revocation of an Offer on the MBE: Rules, Elements, and Traps
A clear breakdown of Revocation of an Offer for the MBE: the black-letter rule, the exceptions that matter, and the common traps.
- Promissory Estoppel on the MBE: When Promises Are Enforceable Without Consideration
Promissory estoppel enforces promises even without consideration. Learn the elements and how the MBE tests this doctrine.
- Offer and the Objective Theory Explained: What the MBE Actually Tests
Offer and the Objective Theory is a high-yield Contracts rule on the MBE. Learn the elements, the key exceptions, and how examiners test it.
- Option Contracts and Firm Offers Explained: What the MBE Actually Tests
A clear breakdown of Option Contracts and Firm Offers for the MBE: the black-letter rule, the exceptions that matter, and the common traps.
- How the MBE Tests Mailbox Rule
A clear breakdown of Mailbox Rule for the MBE: the black-letter rule, the exceptions that matter, and the common traps.
- Bilateral vs Unilateral Contracts for the Bar Exam: The Rules You Need
A clear breakdown of Bilateral vs Unilateral Contracts for the MBE: the black-letter rule, the exceptions that matter, and the common traps.
- How the MBE Tests Advertisements as Offers
A clear breakdown of Advertisements as Offers for the MBE: the black-letter rule, the exceptions that matter, and the common traps.
- Offer and Acceptance on the MBE: Formation Rules You Must Know
Master the rules of offer and acceptance for MBE Contracts. Covers revocation, rejection, counteroffers, mailbox rule, and option contracts.
- Parol Evidence Rule on the MBE: When Outside Evidence Is Excluded
The parol evidence rule is one of the most tested Contracts topics on the MBE. Learn when prior or contemporaneous agreements are excluded.
- Mistake of Fact vs. Misrepresentation on the MBE: Contract Defenses
Both mistake and misrepresentation can void a contract, but the rules differ. Learn mutual vs. unilateral mistake, and fraud vs. innocent misrepresentat...
- MBE Contracts: Complete Subject Study Guide
Complete study guide for MBE Contracts covering all 6 NCBE categories. Question weighting, UCC vs. common law, and high-yield topics.
- The Mailbox Rule on the MBE: When Acceptance Is Effective
The mailbox rule makes acceptance effective upon dispatch, not receipt. Learn the rule, its exceptions (option contracts, rejections), and how the MBE t...
- Impossibility, Impracticability, and Frustration of Purpose on the MBE
When is a party excused from performing? Learn the three excuse doctrines — impossibility, impracticability, and frustration of purpose — for the MBE.
- How to Memorize Contract Defenses for the Bar Exam
A practical approach to memorizing all defenses to contract enforceability — incapacity, duress, mistake, fraud, illegality, and statute of frauds.
- Duress and Undue Influence on the MBE: Voiding a Contract
When does pressure cross the line? Learn the elements of duress (physical and economic) and undue influence as contract defenses on the MBE.
- Contract Damages on the MBE: Expectation, Reliance, and Restitution
Master the three measures of contract damages for the MBE — expectation, reliance, and restitution — plus mitigation, foreseeability, and certainty.
- Consideration on the MBE: Bargained-For Exchange Explained
Understanding consideration is essential for MBE Contracts. Learn the bargained-for exchange test, pre-existing duty rule, and illusory promises.
- Conditions in Contracts on the MBE: Express, Constructive, and Implied
Conditions determine when performance is due. Learn express, constructive, and implied conditions plus excuse of conditions for the MBE.
- Common Law vs. UCC Contract Formation: Key Differences for the MBE
The MBE tests both common law and UCC Article 2. Learn the key differences in formation, modification, statute of frauds, and remedies.
- Breach of Contract on the MBE: Material vs. Minor Breach
Know the difference between material and minor breach for the MBE. Covers substantial performance, anticipatory repudiation, and when duties are dischar...
- The Battle of the Forms on the MBE: UCC 2-207 Explained
UCC 2-207 is one of the most heavily tested Contracts provisions. Learn the three scenarios — acceptance with additional terms, confirmation, and conduct.
- Accord and Satisfaction vs. Novation on the MBE
Both discharge contractual duties, but they work differently. Learn the elements and how the MBE distinguishes accord and satisfaction from novation.
- Anticipatory Repudiation on the MBE: When a Party Breaches Before Performance Is Due
Anticipatory repudiation occurs when a party indicates they won't perform. Learn the rules, available remedies, retraction, and UCC-specific provisions.
- Assignment and Delegation on the MBE: Transferring Contract Rights
Assignment of rights and delegation of duties are tested separately on the MBE. Learn which are permitted, prohibited, and how anti-assignment clauses w...
Contracts in two columns
FlashTables covers all 7 MBE subjects as printable two-column tables, organized by the official NCBE Subject Matter Outline. Cover one column, test yourself on the other. It's active recall made simple.
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