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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 / SALES  

A local hiking guide agreed to escort an adventurer on a month-long backcountry hiking trip. Two months before the trip, the guide validly assigned his right to payment from the adventurer to an outfitter in exchange for goods at the outfitter’s store. The guide subsequently cancelled the trip, and the outfitter never received his payment.

If the outfitter sues the guide and the adventurer for breach of contract, against whom is the outfitter likely to prevail?

  1. The guide only.
  2. The adventurer only.
  3. Both the guide and the adventurer.
  4. Neither the guide nor the adventurer.
Reveal the Answer

The Answer is A.

Here's why. 

An assignee gets only the rights the assignor had to convey. Always remember that the assignee stands in the assignor’s shoes. The assignor’s rights to payment here were subject to performance of his obligations to the adventurer. Because the guide had not yet performed, the adventurer is not liable to the guide and, therefore, not liable to the assignee, i.e. the outfitter.

The outfitter does have an action against the guide. The guide, as assignor, warrants that he will do nothing to impair the value of the assignment and that the assignment is not subject to limitations or defenses. Here, the assignment is subject to the adventurer’s defense of breach of contract or lack of consideration. Choice (A), therefore, is the correct answer.


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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