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November 08 2018 Bar Review News By Pieper Bar Review

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:


A farmer contracted to sell his barn and surrounding land to his worker by general warranty deed. Prior to closing, the farmer’s neighbor requested use of a road on the farmer’s land east of the barn, which road led directly to the neighbor’s property. The farmer granted the neighbor an easement for use of the road. Prior to closing, the worker discovered the easement and refused to perform.   The farmer sued the worker for specific performance.

In such an action, who will prevail?

(A) The farmer, because he has marketable title.
(B) The farmer, because the contract called for a special warranty deed.
(C) The worker, because a seller cannot obtain specific performance.
(D) The worker, because the farmer does not have marketable title.

Reveal the Answer

The Answer is D.

Here's why.

 The existence of an easement on the property renders title unmarketable. Therefore, choice (D) is the correct answer and choice (A) is incorrect.

The type of deed called for by the purchase and sale agreement is not relevant. If the grantor’s title is unmarketable, the grantee can avoid the contract, even if only a quitclaim deed is called for by the contract. Accordingly, choice (B) is an incorrect answer.

Specific performance of a purchase and sale agreement is an available remedy because all land is deemed unique.   Although more frequently utilized by purchasers, under the doctrine of mutuality, specific performance of a purchase and sale is likewise available to sellers. Choice (C) is incorrect.

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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