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locusdelicti
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Re: THEMIS BAR REVIEW Hangout.

Postby locusdelicti » Thu Jul 25, 2013 2:48 pm

dsclaw wrote:So I have gone through almost every MBE subject again read it over and I seem to have confused myself about ACCORD and Satisfactions. Can someone explain to me what makes it different than a modification? OR is it a specific type of modification?


Accord and satisfaction is a new contract supported by new consideration. The accord is the agreement; the satisfaction is the performance.

So:

Jim cuts Ann's lawn. He says she owes him $100 for it; she says she only owes $50 for it. It's a disputed amount. Tired of arguing about it, the two of them agree that Ann will pay only $50 if she also agrees to cut Jim's hair. Ann goes to Jim's house, cuts his hair and pays him $50.

The agreement is an accord, because there was new consideration - Ann is cutting Jim's hair, and Jim is accepting $50 less than he originally agreed to. It was satisfied when Ann paid the money cuts Jim's hair. If Ann had not paid the money or given the haircut, he could choose to sue either on the original $100 contract or on the accord.

Accord and satisfaction.

With a modification, the original contract is the only contract and it's not conditional. Jim could've only sued on the new version. If they modified the contract, say to $75, Jim could only sue on the $75.

Did I make it worse?

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Agoraphobia
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Re: THEMIS BAR REVIEW Hangout.

Postby Agoraphobia » Thu Jul 25, 2013 2:56 pm

dsclaw wrote:So I have gone through almost every MBE subject again read it over and I seem to have confused myself about ACCORD and Satisfactions. Can someone explain to me what makes it different than a modification? OR is it a specific type of modification?

I think I see the difference one is a conditional contract...


I have: Accord is where a new performance replaces the old on the good faith agreement of both parties. Satisfaction excuses the initial performance (from the old K). However, the P can sue either on the old K or on the accord.

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Bronx Bum
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Re: THEMIS BAR REVIEW Hangout.

Postby Bronx Bum » Thu Jul 25, 2013 3:31 pm

missinglink wrote:I think I'll stop with MBE prep. 80% on the last 100 set. My essays need work.

I'd be in much better shape if I had been putting in the kind of work I'm putting in now earlier on. Amazing what a 14 hour day at the library can do.


Same here. 86/100, 82/100, 93/100 on my last three 100 question sets. Feeling decent. Need to put in a good 15 hours tomorrow on essays.

09042014
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Re: THEMIS BAR REVIEW Hangout.

Postby 09042014 » Thu Jul 25, 2013 3:35 pm

Bronx Bum wrote:
missinglink wrote:I think I'll stop with MBE prep. 80% on the last 100 set. My essays need work.

I'd be in much better shape if I had been putting in the kind of work I'm putting in now earlier on. Amazing what a 14 hour day at the library can do.


Same here. 86/100, 82/100, 93/100 on my last three 100 question sets. Feeling decent. Need to put in a good 15 hours tomorrow on essays.


You could get drunk from now til tues and pass with flying colors.

balzie94
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Re: THEMIS BAR REVIEW Hangout.

Postby balzie94 » Thu Jul 25, 2013 3:37 pm

Right. I'm also wondering why people are feeling the need to post that they are scoring "83/100" on here. Just to make everyone else feel insecure? This thread is for bitching, whining, other forms of venting, and, on rare occasions, helpful advice.

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BarbellDreams
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Re: THEMIS BAR REVIEW Hangout.

Postby BarbellDreams » Thu Jul 25, 2013 3:44 pm

balzie94 wrote:Right. I'm also wondering why people are feeling the need to post that they are scoring "83/100" on here. Just to make everyone else feel insecure? This thread is for bitching, whining, other forms of venting, and, on rare occasions, helpful advice.


I got a 66 today. I wanna whine about it!

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Agoraphobia
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Re: THEMIS BAR REVIEW Hangout.

Postby Agoraphobia » Thu Jul 25, 2013 3:50 pm

Thank goodness I'm not the only one! I'm just taking comfort in everyone's conclusion that the later MBE sets are tougher than the real thing.

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Charles Barkley
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Re: THEMIS BAR REVIEW Hangout.

Postby Charles Barkley » Thu Jul 25, 2013 3:50 pm

Thank goodness I'm not the only one! I'm just taking comfort in everyone's conclusion that the later MBE sets are tougher than the real thing.


Yeah, I really hope this is true. I've been scoring no lower than 58, but typically around 65-70 on these later sets.

09042014
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Re: THEMIS BAR REVIEW Hangout.

Postby 09042014 » Thu Jul 25, 2013 3:52 pm

Agoraphobia wrote:Thank goodness I'm not the only one! I'm just taking comfort in everyone's conclusion that the later MBE sets are tougher than the real thing.


Compare the averages to national MBE averages.

Doing average on MBE gets you a 144. So if you are a bit over, you probably getting 150+. And thats assuming themis bros aren't better than average which we probably are.

locusdelicti
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Re: THEMIS BAR REVIEW Hangout.

Postby locusdelicti » Thu Jul 25, 2013 3:53 pm

balzie94 wrote:Right. I'm also wondering why people are feeling the need to post that they are scoring "83/100" on here. Just to make everyone else feel insecure? This thread is for bitching, whining, other forms of venting, and, on rare occasions, helpful advice.


It feels like a "let them eat cake" situation.

thebull
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Re: THEMIS BAR REVIEW Hangout.

Postby thebull » Thu Jul 25, 2013 4:04 pm

Bronx Bum wrote:
missinglink wrote:I think I'll stop with MBE prep. 80% on the last 100 set. My essays need work.

I'd be in much better shape if I had been putting in the kind of work I'm putting in now earlier on. Amazing what a 14 hour day at the library can do.


Same here. 86/100, 82/100, 93/100 on my last three 100 question sets. Feeling decent. Need to put in a good 15 hours tomorrow on essays.


Cool story bro.

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Agoraphobia
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Re: THEMIS BAR REVIEW Hangout.

Postby Agoraphobia » Thu Jul 25, 2013 4:12 pm

OK, at the risk of sounding very stupid... Difference between mutual mistake, and misunderstanding? A K sample answer says that a mutual mistake is like the people who thought they were buying/selling a barren cow, but it was fertile. Misunderstanding is like the two ships Peerless. So supposedly, this lady who thought she was buying one tract of land (A) , but was buying another(B), was making a deal with this guy who was sure he was selling her the other (B).... Themis says it is not a mutual mistake, but a misunderstanding. But... I still don't get it. Seems like a mutual mistake to me

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Bikeflip
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Re: THEMIS BAR REVIEW Hangout.

Postby Bikeflip » Thu Jul 25, 2013 4:13 pm

Haha. Themis just made a classic issue spotter. The model answer had 6 crimes and 3 defenses. 9900 characters total.

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Agoraphobia
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Re: THEMIS BAR REVIEW Hangout.

Postby Agoraphobia » Thu Jul 25, 2013 4:26 pm

Themis said:
(Question ID#12)
A landscaper was charged with the murder of a man who had been strangled and whose body was found in some woods near his home. The landscaper suffers from a neurological problem that makes it impossible for him to remember an occurrence for longer than 48 hours.


OK, couldn't even go on reading this from here, because how the fuck does he function as a landscaper, or with any job at all in fact, if he can't remember anything for more than 48 hours?

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kalvano
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Re: THEMIS BAR REVIEW Hangout.

Postby kalvano » Thu Jul 25, 2013 4:32 pm

Agoraphobia wrote:Themis said:
(Question ID#12)
A landscaper was charged with the murder of a man who had been strangled and whose body was found in some woods near his home. The landscaper suffers from a neurological problem that makes it impossible for him to remember an occurrence for longer than 48 hours.


OK, couldn't even go on reading this from here, because how the fuck does he function as a landscaper, or with any job at all in fact, if he can't remember anything for more than 48 hours?



Image

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Bikeflip
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Re: THEMIS BAR REVIEW Hangout.

Postby Bikeflip » Thu Jul 25, 2013 4:37 pm

Agoraphobia wrote:Themis said:
(Question ID#12)
A landscaper was charged with the murder of a man who had been strangled and whose body was found in some woods near his home. The landscaper suffers from a neurological problem that makes it impossible for him to remember an occurrence for longer than 48 hours.


OK, couldn't even go on reading this from here, because how the fuck does he function as a landscaper, or with any job at all in fact, if he can't remember anything for more than 48 hours?



Just accept that all people in the Themis universe are stupid. How many "known arsonists" does a town have before the whole fucking town goes up? Hopefully all the known arsonists burn down the homes that are being robbed by some schmuck who thought it was a good idea to go into his buddy's house to recover some silver punch bowl that he thought was his buddy's wife. Then, some out of state jackass trucker, who didn't have his brakes up to local code has his brakes fail, crashed into the house killing everyone but the wild animal who was "severely injured." Oh, and all these fucks are the products of incest and are all related. They would have been in each others wills, but the known arsonist, in a previous fire, burned one page too many of his will, so his proposed transfer of his life estate of Shitacre is in jeopardy. Oh, no one survived another by over 120 hours.

Now, analyze these facts in light of the promissory note the poaster above gave the poaster below for as consideration for giving a damn. Those poasters are not diverse, btw.


Whatever you write, you'll get a 2 out of 50 on the essay, so you "toughen up," you wimp.

locusdelicti
Posts: 225
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Re: THEMIS BAR REVIEW Hangout.

Postby locusdelicti » Thu Jul 25, 2013 4:45 pm

Bikeflip wrote:

Just accept that all people in the Themis universe are stupid. How many "known arsonists" does a town have before the whole fucking town goes up? Hopefully all the known arsonists burn down the homes that are being robbed by some schmuck who thought it was a good idea to go into his buddy's house to recover some silver punch bowl that he thought was his buddy's wife. Then, some out of state jackass trucker, who didn't have his brakes up to local code has his brakes fail, crashed into the house killing everyone but the wild animal who was "severely injured." Oh, and all these fucks are the products of incest and are all related. They would have been in each others wills, but the known arsonist, in a previous fire, burned one page too many of his will, so his proposed transfer of his life estate of Shitacre is in jeopardy. Oh, no one survived another by over 120 hours.

Now, analyze these facts in light of the promissory note the poaster above gave the poaster below for as consideration for giving a damn. Those poasters are not diverse, btw.


Whatever you write, you'll get a 2 out of 50 on the essay, so you "toughen up," you wimp.


Don't forget that people are always requiring that the software programs make their computers at least 50% more efficient or else NO DICE.

ChaotiCait
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Re: THEMIS BAR REVIEW Hangout.

Postby ChaotiCait » Thu Jul 25, 2013 4:50 pm

Hey everyone. Just found this, not sure if its been posted but figured I would want to know. For NY commercial paper, the Themis outline states-

If an employer (or principal) entrusts an employee (or agent) with responsibility for the instrument, and the employee (or a person acting in concert with the employee) makes a fraudulent indorsement of the instrument, then the indorsement may be effective as the indorsement of the person to whom the instrument is payable if it is made in the name of that person. N.Y. U.C.C. § 3-405(1)(c).

However, if you look at the statute, it says-

(1) An indorsement by any person in the name of a named payee is effective if
.....
(c) an agent or employee of the maker or drawer has supplied him with the name of the payee intending the latter to have no such interest.

I found this after doing some research after doing the NY commercial paper practice essay, which is addressed by section c of the statute.

GertrudePerkins
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Re: THEMIS BAR REVIEW Hangout.

Postby GertrudePerkins » Thu Jul 25, 2013 5:21 pm

Agoraphobia wrote:OK, at the risk of sounding very stupid... Difference between mutual mistake, and misunderstanding? A K sample answer says that a mutual mistake is like the people who thought they were buying/selling a barren cow, but it was fertile. Misunderstanding is like the two ships Peerless. So supposedly, this lady who thought she was buying one tract of land (A) , but was buying another(B), was making a deal with this guy who was sure he was selling her the other (B).... Themis says it is not a mutual mistake, but a misunderstanding. But... I still don't get it. Seems like a mutual mistake to me
Mutual mistake is when both parties to the K have an incorrect belief about some set of facts in the world. The cow seller and cow buyer both thought that the cow was infertile -- they were both wrong about that factual question. In a case of misunderstanding neither party is wrong about the truth or falsity of some fact in the world, they're just talking at cross purposes. When seller says "Blackacre," he's referring to the tract of land in Missouri that goes by that name, but when buyer says "Blackacre," she's referring to a different piece of land in Oklahoma that goes by the same name. Neither is factually mistaken -- there is a "Blackacre" in Missouri; there is a "Blackacre" in Oklahoma -- they're just not on the same wavelength as each other.

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denimchickn
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Re: THEMIS BAR REVIEW Hangout.

Postby denimchickn » Thu Jul 25, 2013 5:51 pm

Came to the only coffee shop in my city that's open later than 10 PM (and doesn't have live music on Thursday nights), which is a Starbucks near a fairly large college campus, to avoid giving into the urge to walk across the room from my desk from my bed and take a nap.

Now I'm just people watching and listening to some dude at the table next to me try to impress a girl by telling her stories about how totally drunk he was last weekend. I've made a huge mistake.

TheBeard
Posts: 109
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Re: THEMIS BAR REVIEW Hangout.

Postby TheBeard » Thu Jul 25, 2013 5:53 pm

Nothing worse than running into a WTF essay days before the bar. Themis, why do you build me up just to let me down?

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BarbellDreams
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Re: THEMIS BAR REVIEW Hangout.

Postby BarbellDreams » Thu Jul 25, 2013 6:36 pm

TheBeard wrote:Nothing worse than running into a WTF essay days before the bar. Themis, why do you build me up just to let me down?


This x 1000.

releasethehounds
Posts: 163
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Re: THEMIS BAR REVIEW Hangout.

Postby releasethehounds » Thu Jul 25, 2013 7:13 pm

kalvano wrote:
Agoraphobia wrote:Themis said:
(Question ID#12)
A landscaper was charged with the murder of a man who had been strangled and whose body was found in some woods near his home. The landscaper suffers from a neurological problem that makes it impossible for him to remember an occurrence for longer than 48 hours.


OK, couldn't even go on reading this from here, because how the fuck does he function as a landscaper, or with any job at all in fact, if he can't remember anything for more than 48 hours?



Image


Remember Sammy Jankis.

yeff
Posts: 333
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Re: THEMIS BAR REVIEW Hangout.

Postby yeff » Thu Jul 25, 2013 7:20 pm

While negligently driving his automobile, a man crashed into an automobile driven by a woman. The man said to the woman: "I will see to it that you are reimbursed for any losses you incur as a result of the accident." The man also called a physician and told him to take care of the woman, and that he, the man, would pay the bill.

If the physician discontinued treating the woman before she fully recovered and the woman brought an action against the physician for breach of contract, which of the following arguments, if any, by the physician would probably be effective in defense?
A. The woman furnished no consideration, either express or implied.
B. The physician's contract was with the man and not with the woman.
C. Whatever contract the physician may have had with the woman was discharged by novation on account of the agreement with the man.
D. The man told the physician not to treat the woman, and the physician is a private doctor with no duty to the woman.
Correct: Answer choice D is correct. The woman has standing to enforce the agreement between the man and the physician as an intended beneficiary, unless a change in the man's intent causes her to only be an incidental beneficiary. Answer choice A is incorrect because, as an intended third-party beneficiary, the woman owes no consideration. Answer choice B is incorrect because the woman was an intended third party beneficiary of the contract. Accordingly, she would have the right to enforce the contract upon proving several factors. Answer choice C is incorrect because an intended third party beneficiary must approve any modification of the contract. The foregoing NCBE MBE question has been modified to reflect current NCBE stylistic approaches; the NCBE has not reviewed or endorsed this modification.


If the explanation for C is true, that an intended 3d party beneficiary must approve any modification, how can it be that the man can effectively modify the contract so as to make "a change in the man's intent [which] causes her to only be an incidental beneficiary" and excuse the doc's nonperformance?

Talar
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Re: THEMIS BAR REVIEW Hangout.

Postby Talar » Thu Jul 25, 2013 7:21 pm

This may be a silly question but is there any way to keep a contract for the sale of land to not merge with the deed? I'm especially wondering for commercial transactions, where you would assume the Buyer may want things beyond the ones provided in the six warranties.




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