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November 08 2018 Bar Review News By Pieper Bar Review
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The Multistate Bar Exam (MBE) is the multiple-choice section of the Uniform Bar Exam (UBE). It's a six-hour examination featuring 200 multiple-choice questions, testing examinees' abilities to apply fundamental legal principles and reasoning to given fact patterns.

Such a comprehensive exam demands an equally rigorous preparation regimen. Besides enrolling in a bar review course, the most effective study method for the Multistate Bar Exam is to answer practice questions.

Yeah, we know: easier said than done. Fitting this into an already packed schedule of intensive studies and related assignments, the responsibilities accompanying a job, and all the countless duties and unpredictable situations of personal and home life—whether that's caring for an elderly family member, children, or just the daily rigmaroles—can sound overwhelming.

With Pieper Bar Review, however, it doesn't have to be.

Pieper Bar Review's Question of The Day

Pieper's Question of the Day is convenient, and most importantly, effective. By signing up, you'll receive one free sample MBE question delivered to your email inbox, daily. You can either answer the question first thing in the morning, save it till you get a free moment during the day, or take this helpful quiz right before you go to bed at night. It's all up to you.

Answering these useful practice questions provides a constant, daily refresher on essential factoids you'll be tested on when it counts most. Their accessibility and portability means you can get crucial study time in wherever, and whenever, is best for you.

Pieper Bar Review's Question of the Day enables you to:

  • Review recurrent themes that show up on the Uniform Bar Exam
  • Familiarize yourself with the formatting and verbiage of the questions
  • Apply process-of-elimination skills
  • Re-examine the material presented by your bar review course
  • Remain focused on your studies

With Pieper Bar Review's Question of the Day, preparing for MBE has never been more convenient! Register below for free, and have helpful MBE practice questions delivered to your inbox, daily! 

Today's Question:

CONTRACTS

The owner of a 1953 automobile in need of repair contracted with a mechanic to restore the vehicle in accordance with plans and specifications provided by the car owner for $20,000. Approximately one month later, the mechanic notified the car owner that he was losing money on the job, and would not proceed unless he increased the contract price to $40,000. The car owner promptly notified the mechanic that he was in breach of contract, and entered into a written contract with another mechanic to restore the car for $30,000, the fair market value of the job. The second mechanic finished the restoration and showed the car owner that he actually spent $35,000 on the job. The car owner paid the mechanic the $30,000 due under the contract, and, pleased with the fine work, paid him an additional $5,000to cover all of the mechanic’s expenses.

What will the car owner likely recover in a breach of contract action against the first mechanic?

(A) $20,000, the difference between the original contract price and the amount the first mechanic demanded as an increase, $40,000.
(B) $15,000, the difference between the original contract price and the total amount the car owner paid the second mechanicfor restoring the car.
(C) $10,000, the difference between the original contract price and the price of the contract with the mechanic.
(D) The difference between the increase in the fair market value of the completed car as a result of the restoration and the $20,000 original contract price.

Reveal the Answer

The Answer is C.

Here's why. 

Choice (C) is correct because the measure of damages is the price of the new replacement contract ($30,000) minus the price of the original contract ($20,000), i.e., $10,000. The owner is not entitled to recover the $5,000 he graciously paid to the second mechanic. For this same reason, choice (B) is incorrect.

Choice (A) is incorrect because the measure of damages is the price of the new replacement contract minus the price of the original contract. The owner cannot recover for the higher price demanded by the first mechanic.

Choice (D) is incorrect because the proper measure of damages is the price of the new replacement contract ($30,000) minus, price of the original contract ($20,000), i.e., $10,000.


About the author

Pieper Bar Review

For over forty years, Pieper Bar Review has taught students the legal concepts and skills necessary for success on the bar exam, and reinforced students’ knowledge through thought provoking examples and bar exam questions. The proof that the Pieper teaching method works is found in the success of our former students – now present-day attorneys. Learn more

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