BarBri Bar Review Hangout - July 2015 Exam Forum
Forum rules
Anonymous Posting
Anonymous posting is only appropriate when you are sharing sensitive information about bar exam prep. You may anonymously respond on topic to these threads. Unacceptable uses include: harassing another user, joking around, testing the feature, or other things that are more appropriate in the lounge.
Failure to follow these rules will get you outed, warned, or banned."
Anonymous Posting
Anonymous posting is only appropriate when you are sharing sensitive information about bar exam prep. You may anonymously respond on topic to these threads. Unacceptable uses include: harassing another user, joking around, testing the feature, or other things that are more appropriate in the lounge.
Failure to follow these rules will get you outed, warned, or banned."
- RaleighStClair
- Posts: 481
- Joined: Tue May 24, 2011 12:10 am
Re: BarBri Bar Review Hangout - July 2015 Exam
I don't know if you would get points for an accord explanation. It's not very clear. I'm going to try to figure this out...
- 3|ink
- Posts: 7393
- Joined: Wed Dec 16, 2009 5:23 pm
Re: BarBri Bar Review Hangout - July 2015 Exam
I haven't seen that essay (my state does its own thing), but doesn't there have to be a dispute over the debt before there can be an accord and satisfaction? The consideration is the resolution of the dispute, or so I thought.
- Killingly
- Posts: 1179
- Joined: Sat Jun 04, 2011 11:17 am
Re: BarBri Bar Review Hangout - July 2015 Exam
Thanks, because it's driving me bananas. I read the question and was LIKE OH YEAH I KNOW THIS and then I read the model answer. It seems clearly accord/satisfaction situation to me, but idk.RaleighStClair wrote:I don't know if you would get points for an accord explanation. It's not very clear. I'm going to try to figure this out...
How do you tell the difference between a modification and accord/satisfaction maybe that's my main issue.
- Killingly
- Posts: 1179
- Joined: Sat Jun 04, 2011 11:17 am
Re: BarBri Bar Review Hangout - July 2015 Exam
I didn't think that always had to be the case but maybe I'm totally wrong. Critical Pass just says agreement to accept difference performance in satisfaction of the existing obligation.3|ink wrote:I haven't seen that essay (my state does its own thing), but doesn't there have to be a dispute over the debt before there can be an accord and satisfaction? The consideration is the resolution of the dispute, or so I thought.
-
- Posts: 1177
- Joined: Sun Apr 29, 2012 9:55 pm
Re: BarBri Bar Review Hangout - July 2015 Exam
That was modification of contract. If I remember that question correctly, the parties intended to modify the contract. And because it was a service contract under common law, pre-existing duty applies. However, because one agreed to pay early and the other agreed to take $15,000, there was consideration for the modification.Killingly wrote:Essays.
Kill me.
Here's to hoping that everyone in my state is more retarded than I am.
Also - does anyone know if you can do an accord and satisfaction for part of a preexisting contract? Like K to pay $20k for five years then on day someone is like just pay me $15k for this year and you're all good. Is that not an accord and satisfaction?
Edited to include:
For an accord and satisfaction to take place, there must be (1) a dispute as to the amount owned and (2) one must send the other a payment that says "Payment in Full". Neither of these was the case in that question.
Last edited by kyle010723 on Tue Jul 14, 2015 6:47 pm, edited 2 times in total.
Want to continue reading?
Register now to search topics and post comments!
Absolutely FREE!
Already a member? Login
- Tiago Splitter
- Posts: 17148
- Joined: Tue Jun 28, 2011 1:20 am
Re: BarBri Bar Review Hangout - July 2015 Exam
A modification changes the legal duty. An accord substitutes a different duty that can replace the first one, but doesn't actually do so until the satisfaction occurs.
- Killingly
- Posts: 1179
- Joined: Sat Jun 04, 2011 11:17 am
Re: BarBri Bar Review Hangout - July 2015 Exam
RIght, but why is it not an accord without satisfaction? See above convo.kyle010723 wrote:That was modification of contract. If I remember that question correctly, the parties intended to modify the contract. And because it was a service contract under common law, pre-existing duty applies. However, because one agreed to pay early and the other agreed to take $15,000, there was consideration for the modification.Killingly wrote:Essays.
Kill me.
Here's to hoping that everyone in my state is more retarded than I am.
Also - does anyone know if you can do an accord and satisfaction for part of a preexisting contract? Like K to pay $20k for five years then on day someone is like just pay me $15k for this year and you're all good. Is that not an accord and satisfaction?
- 3|ink
- Posts: 7393
- Joined: Wed Dec 16, 2009 5:23 pm
Re: BarBri Bar Review Hangout - July 2015 Exam
Yeah critical pass glosses over a lot of things. I think this is one of the lessons I learned the hard way from one of the MPQs.Killingly wrote:I didn't think that always had to be the case but maybe I'm totally wrong. Critical Pass just says agreement to accept difference performance in satisfaction of the existing obligation.3|ink wrote:I haven't seen that essay (my state does its own thing), but doesn't there have to be a dispute over the debt before there can be an accord and satisfaction? The consideration is the resolution of the dispute, or so I thought.
The CMR has it on page 56-57. Partial Payment of an original debt - "The majority view is that this will suffice for an accord and satisfaction if there is a bona fide dispute" as to the claim or there is otherwise some alteration, even if slight in the debtor's consideration."
- Killingly
- Posts: 1179
- Joined: Sat Jun 04, 2011 11:17 am
Re: BarBri Bar Review Hangout - July 2015 Exam
So it has to be totally different? Can't be different amount of cash?Tiago Splitter wrote:A modification changes the legal duty. An accord substitutes a different duty that can replace the first one, but doesn't actually do so until the satisfaction occurs.
-
- Posts: 1177
- Joined: Sun Apr 29, 2012 9:55 pm
Re: BarBri Bar Review Hangout - July 2015 Exam
The problem there was there was no pre-existing debt, the payment was not due for another 8 month.Killingly wrote: RIght, but why is it not an accord without satisfaction? See above convo.
- Tiago Splitter
- Posts: 17148
- Joined: Tue Jun 28, 2011 1:20 am
Re: BarBri Bar Review Hangout - July 2015 Exam
I think it can be a different amount of cash because some of the MPQ's have said when someone disputes a charge and sends a check for a lesser amount marked "payment in full" it's an accord and satisfaction if the other guy cashes the check. Which makes it seem like if it's a different amount of cash it'll need to be a disputed amount.Killingly wrote:So it has to be totally different? Can't be different amount of cash?Tiago Splitter wrote:A modification changes the legal duty. An accord substitutes a different duty that can replace the first one, but doesn't actually do so until the satisfaction occurs.
With an accord and satisfaction the guy owed the money can sue on either the accord or the original agreement if the accord is not satisfied. So it would be kind of weird to have a 20k payment, then agree to just take 15k but then be able to sue for the full 20k if the 15k never shows up. With a modification once it's modified you can only sue for the new number.
- BVest
- Posts: 7887
- Joined: Tue Mar 20, 2012 1:51 pm
Re: BarBri Bar Review Hangout - July 2015 Exam
An assignment gives away your legal right to a third party. A delegation gives away your legal obligation to a third party. A novation relieves someone of their legal obligation to you.rickgrimes69 wrote:Can anyone explain the practical difference between an Assignment, a Delegation, and a Novation? I understand the legal effects of each, but I can't seem to distinguish them on fact patterns. NY if it matters.
e.g.
You are a tenant. Your landlord owes you duties such as possession, duty to repair, maintain habitability, etc. (thus you have a right to those). You can assign your lease (and thus the rights that come with it) to a new party.
You are a landlord. Your tenant owes you rent; even if he assigns his lease, he still owes you rent if the assignee doesn't pay, due to privity of K. You can give him a novation though, and that relieves the tenant of his obligation to you. If you give him the novation and the assignee fails to pay, you have no recourse against the tenant.
Delegation comes up more in straight K law. For example Homeowner hires Painter A to repaint house. Painter A gets a better paying job the next day, and therefore hires Painter B to paint Homeowners house, delegating the obligation to Painter B. (Note that Painter A is still liable unless Homeowner provides a novation).
Last edited by BVest on Sat Jan 27, 2018 4:48 am, edited 1 time in total.
-
- Posts: 40
- Joined: Thu Jan 12, 2012 12:50 am
Re: BarBri Bar Review Hangout - July 2015 Exam
I need help with hearsay. I keep missing the Barbri MBE Qs on hearsay. Any advice?
Register now!
Resources to assist law school applicants, students & graduates.
It's still FREE!
Already a member? Login
-
- Posts: 692
- Joined: Mon Feb 09, 2009 9:15 pm
Re: BarBri Bar Review Hangout - July 2015 Exam
For an accord and satisfaction, there has to be consideration. There has to be something other than just paying less than you're obligated to perform. The consideration for the accord could be agreeing to furnish a different type of consideration ("Instead of paying me the $300 in stocks, you can pay me $200 cash), an agreement to pay a third-party instead of the original promisee, or in the context of a satisfying a debt, to pay early or to pay a lesser amount if the debt is bona fide disputed.Tiago Splitter wrote:I think it can be a different amount of cash because some of the MPQ's have said when someone disputes a charge and sends a check for a lesser amount marked "payment in full" it's an accord and satisfaction if the other guy cashes the check. Which makes it seem like if it's a different amount of cash it'll need to be a disputed amount.Killingly wrote:So it has to be totally different? Can't be different amount of cash?Tiago Splitter wrote:A modification changes the legal duty. An accord substitutes a different duty that can replace the first one, but doesn't actually do so until the satisfaction occurs.
With an accord and satisfaction the guy owed the money can sue on either the accord or the original agreement if the accord is not satisfied. So it would be kind of weird to have a 20k payment, then agree to just take 15k but then be able to sue for the full 20k if the 15k never shows up. With a modification once it's modified you can only sue for the new number.
-
- Posts: 40
- Joined: Mon Jun 29, 2015 6:54 pm
Re: BarBri Bar Review Hangout - July 2015 Exam
Do you have like a more specific question that you have trouble with? The analysis begins with "whether the statement is offered for the truth of the matter asserted or not" and "who is the declarant". But we need a bit more in order to really help you. Examples are I think the best way to learn these things.Blue Ivy wrote:I need help with hearsay. I keep missing the Barbri MBE Qs on hearsay. Any advice?
- 3|ink
- Posts: 7393
- Joined: Wed Dec 16, 2009 5:23 pm
Re: BarBri Bar Review Hangout - July 2015 Exam
Did you watch the simulated exam review for evidence? The guy gives a great breakdown of everything you need to know.Blue Ivy wrote:I need help with hearsay. I keep missing the Barbri MBE Qs on hearsay. Any advice?
-
- Posts: 40
- Joined: Mon Jun 29, 2015 6:54 pm
Re: BarBri Bar Review Hangout - July 2015 Exam
31 homework, 70 overdue, 58% so far, fuck it, all the numbers do is psych me out.dwyf wrote:I have 145 overdue items in 'my assignments' and 52 outstanding homework assignments
Get unlimited access to all forums and topics
Register now!
I'm pretty sure I told you it's FREE...
Already a member? Login
-
- Posts: 1177
- Joined: Sun Apr 29, 2012 9:55 pm
Re: BarBri Bar Review Hangout - July 2015 Exam
If the Barbri Half-Day Essay grading rubric is accurate, without giving any partial credit and by following the rubric to a t, I just failed the bar miserable regardless of MBE. haha... Oh well, back to the books.
-
- Posts: 8258
- Joined: Sat Mar 16, 2013 10:36 am
Re: BarBri Bar Review Hangout - July 2015 Exam
Read this threadBlue Ivy wrote:I need help with hearsay. I keep missing the Barbri MBE Qs on hearsay. Any advice?
Last edited by Danger Zone on Sat Jan 27, 2018 4:16 pm, edited 1 time in total.
- RaleighStClair
- Posts: 481
- Joined: Tue May 24, 2011 12:10 am
Re: BarBri Bar Review Hangout - July 2015 Exam
Haha, this is amazing.Danger Zone wrote:Read this threadBlue Ivy wrote:I need help with hearsay. I keep missing the Barbri MBE Qs on hearsay. Any advice?
- BearState
- Posts: 240
- Joined: Thu Apr 19, 2012 1:37 pm
Re: BarBri Bar Review Hangout - July 2015 Exam
And, per MPQ set 5, (apparently) engravings about family history on old family Bibles are not hearsay. Of course! So obvious!
Communicate now with those who not only know what a legal education is, but can offer you worthy advice and commentary as you complete the three most educational, yet challenging years of your law related post graduate life.
Register now, it's still FREE!
Already a member? Login
- Learned Throw Hands
- Posts: 91
- Joined: Wed Apr 29, 2015 1:13 pm
Re: BarBri Bar Review Hangout - July 2015 Exam
Whenever I grade out of the MEET the rubric puts me at slightly below passing or below passing. I've written probably 20 essays at this point and I've passed maybe 6 or 7.kyle010723 wrote:If the Barbri Half-Day Essay grading rubric is accurate, without giving any partial credit and by following the rubric to a t, I just failed the bar miserable regardless of MBE. haha... Oh well, back to the books.
- Learned Throw Hands
- Posts: 91
- Joined: Wed Apr 29, 2015 1:13 pm
Re: BarBri Bar Review Hangout - July 2015 Exam
I pretty much buried my MPQ book after that question. I'll do the mixed sets and the refresher but I'm not fucking with sets 5 and 6 anymore they're a waste of time.BearState wrote:And, per MPQ set 5, (apparently) engravings about family history on old family Bibles are not hearsay. Of course! So obvious!
-
- Posts: 1177
- Joined: Sun Apr 29, 2012 9:55 pm
Re: BarBri Bar Review Hangout - July 2015 Exam
Yea, I debated long and hard about whether that was "ancient document," decided against it and that was a bad idea.BearState wrote:And, per MPQ set 5, (apparently) engravings about family history on old family Bibles are not hearsay. Of course! So obvious!
-
- Posts: 692
- Joined: Mon Feb 09, 2009 9:15 pm
Re: BarBri Bar Review Hangout - July 2015 Exam
There's a specific hearsay exception for this (the "family records" exception)BearState wrote:And, per MPQ set 5, (apparently) engravings about family history on old family Bibles are not hearsay. Of course! So obvious!
Seriously? What are you waiting for?
Now there's a charge.
Just kidding ... it's still FREE!
Already a member? Login