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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 seller and a buyer entered into a written agreement in which the seller agreed to fabricate and sell to the buyer 1,000 specially designed, custom and unique widgets. The contract required the buyer to pay half of the purchase price upon signing the contract with the balance to be paid upon delivery. The buyer tendered half of the purchase price to the seller on signing, but two weeks prior to the delivery date, the seller notified the buyer that he would not perform the contract.

Which of the following is NOT a correct statement of the parties’ legal status immediately after seller’s notice of non-performance? 

(A) The buyer has a cause of action for total breach of contract due to seller’s repudiation, but that cause of action will be lost if the seller retracts his repudiation before buyer either changes his position or manifests to the seller that he considers the repudiation final.
(B) The buyer can bring suit to rescind the contract even if he elects to await the seller’s performance for a commercially reasonable time.
(C) The buyer can await the seller’s performance for a commercially reasonable time, but if buyer delays beyond that period, it cannot recover any resulting damages that it reasonably could have avoided.
(D) The buyer has a cause of action for breach of contract, but it must afford the seller a commercially reasonable time to perform.

Reveal the Answer

The Answer is D.

Here's why.

The buyer does not have to give the seller a commercially reasonable time to perform the contract. The seller’s notice of non-performance constitutes an unequivocal repudiation of the contract, and the buyer has an immediate cause of action for total breach of the contract.

Therefore, choices (A), (B), and (C), each of which are correct statements of law, are incorrect choices here.

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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