...to cancel that lease based on infancy. Analyze the student's capacity defenses and likely liabilities on the laptop contract, the dental bill, and the studio lease. This essay tests infancy, disaffirmance, necessaries, r...
Citations: Restatement (Second) of Contracts 12, Restatement (Second) of Contracts 14, NCBE NextGen UBE Content Scope, Contracts
A 17-year-old who lived away from home was taken to a hospital after a car accident. The hospital provided emergency surgery at the usual market rate. The minor later refused to pay, asserting lack of capacity. Which...
Citations: Restatement (Second) of Contracts 12, Restatement (Second) of Contracts 14, NCBE NextGen UBE Content Scope, Contracts
A driver negligently hit a utility pole, causing live wires to fall near a trapped cyclist. A bystander saw that the wires were several feet from the cyclist, waited for a pause in sparking, and ran in to pull the cyc...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A hiker found an arrowhead on federal park land. A criminal statute prohibited removing artifacts from the park, but the hiker had read a private travel website stating that visitors could keep small finds. The hiker...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.04
...d a settlement. The distributor signed even though it believed it had defenses. Finally, an elderly shareholder depended on her nephew for transportation, bill payment, and daily care. The nephew urged her to sell him he...
Citations: Restatement (Second) of Contracts 174, Restatement (Second) of Contracts 175, Restatement (Second) of Contracts 176, Restatement (Second) of Contracts 177
A passenger on a train saw one rider raise a fist toward another rider's face. The passenger reasonably believed the first rider was about to punch the second rider and pushed the first rider away using moderate force...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A seller contracted to deliver a unique machine part to a buyer for $40,000. On the day delivery was due, the seller refused to deliver unless the buyer signed a modification increasing the price to $60,000. The selle...
Citations: Restatement (Second) of Contracts 175, Restatement (Second) of Contracts 176, NCBE NextGen UBE Content Scope, Contracts
During a recreational basketball game, one player intentionally punched another player in the face after the referee blew the whistle and stopped play. The punched player sues for battery. The punching player argues t...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Serena, a licensed nurse with no criminal record, volunteered at a clinic. An undercover officer posing as a patient repeatedly told Serena that his child was in severe pain and that no doctor would help. Serena refus...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.13, Model Penal Code 3.06
A 10-year-old rode a bicycle through a neighborhood intersection without looking both ways and was struck by a negligent driver. The driver asserts contributory negligence. The jurisdiction follows the ordinary child-...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A 16-year-old bought a racing bicycle from a sporting-goods store for $1,800 on credit. Six months later, while still 16, she notified the store that she was canceling the contract and offered to return the bicycle, w...
Citations: Restatement (Second) of Contracts 12, Restatement (Second) of Contracts 14, NCBE NextGen UBE Content Scope, Contracts
A baseball fan who had attended many games bought a discounted ticket for an unscreened seat along the first-base line. Signs at the entrance and on the ticket warned that foul balls could enter unscreened seating are...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...accepted immediately. Analyze the buyer's and contractor's potential defenses based on misrepresentation, nondisclosure, mistake, and risk allocation. This essay tests misrepresentation, nondisclosure, mutual mistake, u...
Citations: Restatement (Second) of Contracts 159, Restatement (Second) of Contracts 161, Restatement (Second) of Contracts 164, Restatement (Second) of Contracts 152, Restatement (Second) of Contracts 153, Restatement (Second) of Contracts 154
A buyer and seller contracted for the sale of a parcel that both believed could be used for a four-unit apartment building. Unknown to both, a zoning amendment adopted the week before signing limited the parcel to sin...
Citations: Restatement (Second) of Contracts 151, Restatement (Second) of Contracts 152, Restatement (Second) of Contracts 154, NCBE NextGen UBE Content Scope, Contracts
A cabin owner rigged a spring gun inside an empty storage shed to shoot at anyone who opened the shed door without permission. A trespasser opened the door and was seriously injured. Which statement best describes the...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A city bus negligently stopped short, throwing Priya to the floor and tearing a ligament in her shoulder. Priya promptly went to an orthopedic surgeon. The surgeon recommended six weeks of physical therapy and explain...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A consumer bought a refrigerator from an appliance dealer under a preprinted installment contract. The salesperson rushed the consumer through signing, refused to permit review of the back page, and said the terms wer...
Citations: Restatement (Second) of Contracts 208, UCC 2-302, NCBE NextGen UBE Content Scope, Contracts
A contractor submitted a written bid of $82,000 for a school renovation. The next lowest bid was $124,000. The school board's purchasing officer noticed that the contractor's bid appeared to omit the HVAC line item sh...
Citations: Restatement (Second) of Contracts 153, NCBE NextGen UBE Content Scope, Contracts
A customer grabbed a laptop from a repair counter and ran toward the door. The repair shop owner immediately followed, shouted, "Stop, that is mine," and grabbed the laptop from the customer's hands without striking t...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A delivery driver became angry at a customer and shoved him. The customer shoved back, and the two exchanged punches. The customer then pulled a knife. The driver backed away, held up his hands, and said, "I am done f...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 3.04
A department-store camera showed Jules placing a boxed watch into his coat pocket near the jewelry counter. The angle did not show that Jules had already paid for the watch at a temporary register and was carrying the...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A gang leader held a gun to a courier's head and ordered him to shoot an innocent store clerk, saying, "If you do not shoot him now, I will kill you." The courier shot and killed the clerk. The courier is charged with...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 2.09
A hiker caught in a sudden blizzard broke a window and entered an unoccupied cabin to avoid freezing. While inside, the hiker used firewood and accidentally damaged a rug with melted snow. Which statement best describ...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A homeowner selling a house told a buyer, "The roof has never leaked." The homeowner knew that the roof leaked during heavy rain and had placed buckets in the attic during the most recent storm. Before showings, the h...
Citations: Restatement (Second) of Contracts 159, Restatement (Second) of Contracts 161, Restatement (Second) of Contracts 164, NCBE NextGen UBE Content Scope, Contracts
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