MBE Multistate Bar Examination KET 2025 Exam Review Questions and Answers, Exams of Law

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David Mungai [COMPANY NAME] [Company address]

MBE Multistate Bar Examination KET

2025 Exam Review Questions and

Answers | 100% Pass | Graded +

MBE Multistate Bar Examination KET 2025 Exam Review Questions and Answers | 100% Pass | Graded + A plumber working for a company providing plumbing services to commercial and industrial establishments was required to be "on call" for emergency plumbing services 24 hours a day, and was required to drive his company van home each night so he would have all of his tools and equipment at hand for any calls. However, he was not permitted to use the company van for personal errands. On his way home one afternoon, he took a detour toward a supermarket a few blocks away to pick up some items for dinner. While entering the supermarket parking lot, he drove negligently and struck a pedestrian, seriously injuring him. The pedestrian filed suit against the plumber's company in a jurisdiction that maintains traditional common law rules regarding contribution and indemnity, and the jury awarded him $100, in damages, which the company paid. If the company sues the plumber to recoup its loss in the lawsuit, which party will prevail?

response - correct

Press Enter or Space to submit the answerCorrectAThe company

can recover 100% of the judgment as an indemnity, because the plumber was negligent, not the company.BThe company will prevail, because the company had a rule against using company vehicles for personal errands.CThe company will not prevail, because the company has already been found liable under principles of vicarious liability in the lawsuit by the pedestrian.DThe company will not prevail, because the company required the plumber to be "on call" 24 hours a day.

confirmation of the order. Ten days later, the department store sent the manufacturer an order for an additional 500 canoes, to be delivered in 30 days. Five days after receiving the department store's second order, the manufacturer e-mailed the department store and explained that a large sporting goods chain was willing to purchase all of the manufacturer's output of 16-foot canoes at $275 per canoe and that the manufacturer would be unable to fill any of the department store's orders. The department store found another canoe manufacturer willing to provide it with 16-foot aluminum canoes for $280 per canoe and on April 15 filed an action against the manufacturer seeking damages for the manufacturer's failure to deliver the 1, canoes ordered. How should the court rule?

response - incorrect

Press Enter or Space to submit the answerAThe department store is not entitled to any damages because no contract was formed

by the parties' communications.CorrectBThe department store is

entitled to cover damages of $30 per canoe only for 500 canoes but is not entitled to any damages for breach of the duty of good

faith.IncorrectCThe department store is entitled to cover

damages of $30 per canoe for 1,000 canoes but is not entitled to any damages for breach of the duty of good faith.DThe department store is entitled to punitive damages equal to the lesser of 10% of the total sale price or $500 in addition to any cover damages that are due because the manufacturer breached the duty of good faith.

Answer Discussion - Incorrect

This question is best answered by eliminating the incorrect

choices first. (A) is incorrect. A contract was formed here for 500

canoes. The original "agreement" between the parties was nothing more than an invitation seeking offers. It did not create a contract between the department store and the manufacturer because it was illusory—an agreement to buy only what is desired is not consideration. The "agreement" probably does not even qualify as an offer. An offer must express a commitment to conclude a bargain on the offered terms. Absent some quantity limitation, a court would probably find the "agreement" here too vague to constitute an offer; otherwise, the manufacturer could be committing itself to sell more canoes than it can supply. Thus, the department store's first order will be construed as an offer, and the manufacturer's confirmation will be construed as an

acceptance of the offer, thus creating a contract. (C) is incorrect

because there was no acceptance of the department store's second offer. If the original agreement did not create a contract, the second order must be construed as an offer. The manufacturer did nothing to accept the department store's second offer. The manufacturer's failure to reject the offer until five days after it was made does not constitute an acceptance. Therefore, no contract was formed for the additional 500 canoes.

(D) is incorrect because although it is true that the Uniform

Commercial Code ("UCC") imposes a duty of good faith on all parties, and failure to deliver under a contract simply because a better price can be obtained might violate this duty, the UCC does not provide for punitive damages for breach of this duty. When a seller fails to deliver goods, one remedy available to the buyer is cover damages—the difference between the contract price and the price of substitute goods. Because the manufacturer had agreed to sell the department store 500 canoes and failed to deliver, the department store reasonably bought replacement goods for $30 more per unit and is entitled to recover the additional $30 per unit. 3 A dog owner lived next door to a day care center. Because he had a large yard and there were no applicable zoning restrictions, he

containers were not used up before the taste of the ice cream became affected. The ice cream parlor wanted to stop selling the dairy farm's Extra Rich ice cream and instead sell a frozen yogurt product produced by another dairy. Can the dairy farm enforce its agreement against the ice cream parlor?

response - correct

Press Enter or Space to submit the answerCorrectAYes, because

changing demand is one of the standard risks of business that both parties assumed.BYes, because the court will imply a promise on the part of the ice cream parlor to use its best efforts to sell the dairy farm's Extra Rich ice cream.CNo, because there was no consideration on the part of the ice cream parlor to support an enforceable contract.DNo, because the total price and total quantity terms were never established.

Answer Discussion - Correct

The ice cream parlor has no grounds for avoiding its obligations

under the contract with the dairy farm. In effect, the ice cream parlor is advancing the position that its duty to perform under the contract is discharged by impracticability. In contracts for the sale of goods under the UCC, a party's duty to perform may be discharged where performance would be impracticable. Impracticability exists where a party encounters extreme and unreasonable difficulty and/or expense, and such difficulty was not anticipated. Duties will not be discharged where performance is merely more difficult or expensive than anticipated. The facts giving rise to impracticability must be such that their nonoccurrence was a basic assumption on which the contract was made. Where, as here, parties enter into a contract for the sale of goods to be supplied to the public through a retail outlet, both parties must anticipate the possibility that there will be a change in market conditions, resulting in either an increased or decreased demand for the product. Although the decreased demand results in increased expense to the ice cream parlor in performing its contract because of waste, such difficulties arising from changing demand are to be anticipated. Thus, the ice cream parlor does not have the right to no longer buy any of the dairy farm's Extra Rich ice cream. Note that under the UCC, a shutdown by a requirements buyer for lack of orders may be permissible if the buyer is acting in good faith [UCC §2-306, comment 2], but this right would arise only if there were no longer a market for frozen desserts entirely, and that is not the case here. Here, the ice cream parlor simply wants to curtail its losses by selling a more popular type of frozen dessert, which is forbidden by the exclusivity provision. Thus, the ice cream parlor continues to be bound by its duties under the agreement with the dairy farm. (B)

is incorrect because, although a court will imply a promise on the

part of the ice cream parlor to use its best efforts to sell the dairy farm's products, the facts do not indicate that the ice cream parlor did not use its best efforts. At issue here is whether, despite those efforts, circumstances exist that were unanticipated and now create extreme and unreasonable difficulty or expense for the ice cream parlor in the performance of its contractual

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