2018 July California Bar

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ADR

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Re: 2018 July California Bar

Postby ADR » Tue Jul 17, 2018 1:46 am

LASTTIMESACHARM wrote:So this is my millionth time taking this bar. & also my last attempt. I have become desensitized to it it seems. However this is my last attempt. I have been actively studying for 2 weeks ( I tried working and studying, didn't really pan out like I planned. Girl needs monies to survive) Anyway. My issues for failing aren't that I don't know the law in regards to essays. I have consistently scored passing scores. I usually do okay by just memorizing the last week before the exam. The hardest part for me are mbes. In the past I have done thousands and failed. SO far this time I have taken the time to go deep into the substantive law and really go through the Emanauals strategies and tactics book and read every single wrong and right answer. However I am only getting around 62-69 % and the 69% is only when I remember the answer. To pass I know I need to be aiming for ATLEAST 75-80% IN PRACTICE EXAMS.

Does anyone have any tips that will help me in the next few days to get that last jump I need for mbes? As I need to also start focusing on issue spotting and memorization for essays in the remaining days ahead as well.

anything will help. I want to give it my all this last time and pray for the best.


Hey I am posting a link for a property mbes from Kaplan. The prooffessor is on point. It has helped me.

https://m.youtube.com/watch?v=vQvE_bkS90g

FinallyPassedTheBar

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Re: 2018 July California Bar

Postby FinallyPassedTheBar » Tue Jul 17, 2018 4:08 am

LASTTIMESACHARM wrote:So this is my millionth time taking this bar. & also my last attempt.



How many times have you taken the exam? My former username here was "6timefailure"

cadreamer

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Re: 2018 July California Bar

Postby cadreamer » Tue Jul 17, 2018 12:17 pm

LASTTIMESACHARM wrote:
estefanchanning wrote:
LASTTIMESACHARM wrote:So this is my millionth time taking this bar. & also my last attempt. I have become desensitized to it it seems. However this is my last attempt. I have been actively studying for 2 weeks ( I tried working and studying, didn't really pan out like I planned. Girl needs monies to survive) Anyway. My issues for failing aren't that I don't know the law in regards to essays. I have consistently scored passing scores. I usually do okay by just memorizing the last week before the exam. The hardest part for me are mbes. In the past I have done thousands and failed. SO far this time I have taken the time to go deep into the substantive law and really go through the Emanauals strategies and tactics book and read every single wrong and right answer. However I am only getting around 62-69 % and the 69% is only when I remember the answer. To pass I know I need to be aiming for ATLEAST 75-80% IN PRACTICE EXAMS.

Does anyone have any tips that will help me in the next few days to get that last jump I need for mbes? As I need to also start focusing on issue spotting and memorization for essays in the remaining days ahead as well.

anything will help. I want to give it my all this last time and pray for the best.


Who told you this?



barexamguru website, suggests now that the written is worth 50, as the mbe, in order to be in a safe range to pass we should be aiming for 75-80. I thought that was a crazy high amount but honestly I believe it ( for me at least considering all the factors that go into actual exam day). I score 65% on mbe practice exams before the bar exam both times I took it and still bombed the mbe. Literally BOMBED IT. My scaled mbe score on the last one was 1248 or so. Passing essays and PT didn't help make up for the MBE



I didn't read the website but I think that's terrible advice. Instead of focusing on a percentage at this point I would direct my attention to my weakest weakest MBE subjects. It's even better if you can pinpoint the individual sub-topics within a subject to improve upon. In other words, instead of reviewing over "property" because it's tough maybe you could focus your attention on mortgages. If I were you I'd take this approach for each of the topics.

And I recommend practice and meditation haha if you're having time or anxiety issues during the MBE.

LASTTIMESACHARM

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Re: 2018 July California Bar

Postby LASTTIMESACHARM » Tue Jul 17, 2018 8:09 pm

cadreamer wrote:
LASTTIMESACHARM wrote:
estefanchanning wrote:
LASTTIMESACHARM wrote:So this is my millionth time taking this bar. & also my last attempt. I have become desensitized to it it seems. However this is my last attempt. I have been actively studying for 2 weeks ( I tried working and studying, didn't really pan out like I planned. Girl needs monies to survive) Anyway. My issues for failing aren't that I don't know the law in regards to essays. I have consistently scored passing scores. I usually do okay by just memorizing the last week before the exam. The hardest part for me are mbes. In the past I have done thousands and failed. SO far this time I have taken the time to go deep into the substantive law and really go through the Emanauals strategies and tactics book and read every single wrong and right answer. However I am only getting around 62-69 % and the 69% is only when I remember the answer. To pass I know I need to be aiming for ATLEAST 75-80% IN PRACTICE EXAMS.

Does anyone have any tips that will help me in the next few days to get that last jump I need for mbes? As I need to also start focusing on issue spotting and memorization for essays in the remaining days ahead as well.

anything will help. I want to give it my all this last time and pray for the best.


Who told you this?



barexamguru website, suggests now that the written is worth 50, as the mbe, in order to be in a safe range to pass we should be aiming for 75-80. I thought that was a crazy high amount but honestly I believe it ( for me at least considering all the factors that go into actual exam day). I score 65% on mbe practice exams before the bar exam both times I took it and still bombed the mbe. Literally BOMBED IT. My scaled mbe score on the last one was 1248 or so. Passing essays and PT didn't help make up for the MBE



I didn't read the website but I think that's terrible advice. Instead of focusing on a percentage at this point I would direct my attention to my weakest weakest MBE subjects. It's even better if you can pinpoint the individual sub-topics within a subject to improve upon. In other words, instead of reviewing over "property" because it's tough maybe you could focus your attention on mortgages. If I were you I'd take this approach for each of the topics.

And I recommend practice and meditation haha if you're having time or anxiety issues during the MBE.


Solid advice- thanks. I think my time would be more efficiently spent going over the more troubled areas rather than an entire subject area as well.

As for the other questions: Okay maybe millionth time was an exaggeration but I don't care lol IT feels like my millionth time. It is however my 4th.

For the person who posted the Kaplan real property questions. Thank you! I will check them out

Naybor

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Re: 2018 July California Bar

Postby Naybor » Tue Jul 17, 2018 8:13 pm

Officially completed all 1,955 AdaptiBar questions2

Overall score percentage from May, June, and July, went 61% -->65% -->68%.

Not thrilled about the scores, just happy i improved, still think I started too late in May, Feeling like I need one extra week to feel somewhat confident.

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ckyo01

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Re: 2018 July California Bar

Postby ckyo01 » Tue Jul 17, 2018 9:57 pm

biggest worry for me right now is not figuring out the correct subject(s) on an essay...Remedies essays look like Contracts, everything is blending together :mrgreen:

Happy88

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Re: 2018 July California Bar

Postby Happy88 » Tue Jul 17, 2018 10:31 pm

ckyo01 wrote:biggest worry for me right now is not figuring out the correct subject(s) on an essay...Remedies essays look like Contracts, everything is blending together :mrgreen:

Wait, don’t they have a cover page that has all the topics? Or is that page only for the purposes of posting the answers? I thought that’s how the essays posted on the bar website (the whole pdf) will come.

Yeah, I’m def failing. Lol

bacillusanthracis

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Re: 2018 July California Bar

Postby bacillusanthracis » Wed Jul 18, 2018 12:32 am

ckyo01 wrote:biggest worry for me right now is not figuring out the correct subject(s) on an essay...Remedies essays look like Contracts, everything is blending together :mrgreen:


Here's what you do: if the call of the questions ask for remedies, then it's about remedies. It's kinda derp, but it's problematic because we're taught to write in a rigid, formulaic manner, and so when we see something that doesn't fit into the formula, it can rattle you. E.g.:

I. Governing Law
II. Formation
III. Breach
IV. Terms
V. Defenses
IV. Remedies

When a contract-type problem doesn't lend itself to that format, it can be stressful. The solution e.g.:

Party A will seek specific performance, which among other things, requires a valid contract. Here, Party B will argue there isn't a valid contract because facts in fact pattern say e.g. illusory promise. An illusory promise is... and because of Whatever, this indicates an illusory promise, and therefore there was not a valid contract. Thus Party A will/will not be entitled to SP.

Does that make sense? You use the elements in the remedies rules along with the facts to analyze the contract if it needs analyzing at all.

If you approach remedies like a contracts question, you're gonna end up 35-40 minutes in, and will not have even begun to answer the calls. I have thorough and pathetic experience with this particular type of question, and it took someone sitting me down and showing me how to do one of those. After that, and with a little practice, it's one of the essays I hope is on the exam.

I hope that helps.

ardg12

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Re: 2018 July California Bar

Postby ardg12 » Wed Jul 18, 2018 10:04 am

hello everyone,

with only a few days to go, I wanted to do 1 or 2 more PTs. I have been following this thread since May, and it seems there is not much discussion on the PT part of things. I am a repeat taker, and I have only scored a 55 and 60 on the PT. MY GOAL IS ATLEAST A 65 this time around.

I find it a bit frustrating that we only have 2 actual PTs we can simulate since the change of the 2-day bar. Looking at older PTs I feel is just a waste of time since they are just too long, and there is really no way to shorten them and still be able to practice.

Can anyone provide any help with how to approach the PTs, Tips, Hints, FORMATING! I am generalizing, but is tips and strategies book like E-man's for PTs?

bacillusanthracis

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Re: 2018 July California Bar

Postby bacillusanthracis » Wed Jul 18, 2018 10:56 am

ardg12 wrote:hello everyone,

with only a few days to go, I wanted to do 1 or 2 more PTs. I have been following this thread since May, and it seems there is not much discussion on the PT part of things. I am a repeat taker, and I have only scored a 55 and 60 on the PT. MY GOAL IS ATLEAST A 65 this time around.

I find it a bit frustrating that we only have 2 actual PTs we can simulate since the change of the 2-day bar. Looking at older PTs I feel is just a waste of time since they are just too long, and there is really no way to shorten them and still be able to practice.

Can anyone provide any help with how to approach the PTs, Tips, Hints, FORMATING! I am generalizing, but is tips and strategies book like E-man's for PTs?


The only real clue is to look at the published answers from the bar. In February, both began with introductions stating the issues in a CREAC type of format. I'd never seen that, been taught that, nor was it in the instructions for either PT. But as you said, there's nothing much else to go on... and doing it that way may be disastrous if you don't hit the issues spot on. The grader will know right away that you got things wrong. Soooo....
:?: :?: :?: :?: :?:

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chicoalto0649

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Re: 2018 July California Bar

Postby chicoalto0649 » Wed Jul 18, 2018 12:35 pm

ardg12 wrote:hello everyone,

with only a few days to go, I wanted to do 1 or 2 more PTs. I have been following this thread since May, and it seems there is not much discussion on the PT part of things. I am a repeat taker, and I have only scored a 55 and 60 on the PT. MY GOAL IS ATLEAST A 65 this time around.

I find it a bit frustrating that we only have 2 actual PTs we can simulate since the change of the 2-day bar. Looking at older PTs I feel is just a waste of time since they are just too long, and there is really no way to shorten them and still be able to practice.

Can anyone provide any help with how to approach the PTs, Tips, Hints, FORMATING! I am generalizing, but is tips and strategies book like E-man's for PTs?


Go see Georgia or NYS past exams. Their PTs are 90 minutes long (UBE jdx) and closely mirrored the new two day format for CBX. It's not much different, however you're time management will be much more important as you also have to devote 2 hours to other essays.

It's real close to game day, what worked for me in the week leading up to the exam was devoting sometime to just read through the PTs and flag a model answer. You won't have time to do more than 1 or 2 fully-timed ones, but I wouldn't even recommend doing that. You're more likely to stress yourself out. If you need more time on a PT (10-15 mins) based on past performance just be at peace with it and know that a few extra points on the PT could be the difference between a 60 and a 65. You don't need to be reminded how important the PT is in relation to your score.

At the end of the day, if you can do strong IRAC you're half way there; treat the formatting as any other essay (save for a curveball like drafting a will or closing argument) and follow directions! If they say "don't discuss" something, don't discuss something. Also, formatting instructions may be provided ("state conclusion for each subject line). Other things I can think of, DON'T waste time with headers and regurgitating the law firm info, fax #, etc. You're not getting points there, just dive in in a logical way ("I have reviewed the relevant legal materials and have made the following conclusions ....")

CAnewbie

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Re: 2018 July California Bar

Postby CAnewbie » Wed Jul 18, 2018 1:10 pm

I am taking CA bar July 24th at Santa Clara Convention Center. What is a good time to plan to arrive at parking structures to allow enough time to be seated by 8:20 a.m.? Thanks!

justanotheruser

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Re: 2018 July California Bar

Postby justanotheruser » Wed Jul 18, 2018 2:32 pm

ardg12 wrote:I find it a bit frustrating that we only have 2 actual PTs we can simulate since the change of the 2-day bar. Looking at older PTs I feel is just a waste of time since they are just too long, and there is really no way to shorten them and still be able to practice.


You can find free material here: http://www.ncbex.org/exams/mpt. They are virtually identical in format with the new California PTs. I used about 5 of the MPTs for practice and then used the July 2017 CA bar PT for practice. Passed the 2/18 CA bar after failing the 7/17 bar (most likely due to running out of time and scoring a 50 on the PT).

ardg12 wrote:Can anyone provide any help with how to approach the PTs, Tips, Hints, FORMATING! I am generalizing, but is tips and strategies book like E-man's for PTs?


Just a few things from my experience...

1) I practiced the whole time with the idea of doing the PT first and then the two remaining essays. It's much more manageable to do the essays under a time crunch (having 45 minutes vs. 60 minutes) than trying to do a PT with an hour versus having closer to 1 hr 40 minutes.

2) Giving myself the first 1 hr 40 minutes (give or take 5-10 minutes) in the PM session to focus on the PT, the next step was streamlining my reading/outlining process. I essentially stopped highlighting/underlining as I read for the most part. I realized I forgot 90% of what I marked 5 minutes later anyhow. I'd only mark the essential legal rule, a notable exception, and key/ambiguous facts.

3) As mentioned in #2, I'd set up the rule statements quickly and as concisely as possible. You don't want anything too bloated (like over-summarizing cases, etc.) This gives you a sharper focus when you're reading through the library trying to pick out the relevant facts.

4) Whenever I had a pretty good idea of where my argument/conclusion was headed (usually 30 minutes before time ran out), I'd make sure to spend 10 minutes or so writing the conclusion and getting it out of the way. Conclusions may not be make or break, but getting it out of the way with time to spare early feels a whole lot better than scrambling in the last 10 seconds to vomit out a two-sentence conclusion.

Good luck!

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a male human

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Re: 2018 July California Bar

Postby a male human » Wed Jul 18, 2018 2:44 pm

Further to the link above...

MPT assignments and sample answers since 2000: https://www.gabaradmissions.org/essay-a ... ed-answers
Different sample answers to same MPTs from 2005: https://www.nybarexam.org/ExamQuestions ... stions.htm

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Atmosphere

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Re: 2018 July California Bar

Postby Atmosphere » Wed Jul 18, 2018 3:02 pm

The spectre of CA civpro is unnerving

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Re: 2018 July California Bar

Postby MeanieTeanie » Wed Jul 18, 2018 3:08 pm

Does anyone know what the lunch situation is like? Is there enough time to go back to the hotel? Or should we expect to either bring a box lunch or buy?

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Re: 2018 July California Bar

Postby a male human » Wed Jul 18, 2018 3:10 pm

Atmosphere wrote:The spectre of CA civpro is unnerving

It's certainly felt like a hot potato ever since they added it as a subject.

I forget, but was the Civ Pro essay in the last one a CA Civ Pro essay?

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Re: 2018 July California Bar

Postby abogado2018 » Wed Jul 18, 2018 5:39 pm

Can a seller of a home disclaim latent defects (e.g. termite damage) he doesn't know about by selling the house "AS IS"?

Themis says no, Adaptibar says yes.

xonimi

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Re: 2018 July California Bar

Postby xonimi » Wed Jul 18, 2018 5:58 pm

MeanieTeanie wrote:Does anyone know what the lunch situation is like? Is there enough time to go back to the hotel? Or should we expect to either bring a box lunch or buy?


From what the cal bar website says, it looks like our break is for about 1hr and 30mins. We need to be back at our seats at 1:30. Assuming we get out at 12-12:10, you should have enough time to go back to the hotel if it's close.

http://www.calbar.ca.gov/Admissions/Exa ... xamination

estefanchanning

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Re: 2018 July California Bar

Postby estefanchanning » Wed Jul 18, 2018 6:02 pm

abogado2018 wrote:Can a seller of a home disclaim latent defects (e.g. termite damage) he doesn't know about by selling the house "AS IS"?

Themis says no, Adaptibar says yes.


Of course you can.

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chicoalto0649

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Re: 2018 July California Bar

Postby chicoalto0649 » Wed Jul 18, 2018 6:29 pm

estefanchanning wrote:
abogado2018 wrote:Can a seller of a home disclaim latent defects (e.g. termite damage) he doesn't know about by selling the house "AS IS"?

Themis says no, Adaptibar says yes.


Of course you can.


Doesn't it depend on the jurisdiction. Common law: no duty to disclose. In a jdx that does recognize one, a seller has a duty to disclose latent defects known to seller and not known to buyer which could not be discovered by reasonable inspection. Disclaimer effective only if the defect wasn't known to seller.

estefanchanning

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Re: 2018 July California Bar

Postby estefanchanning » Wed Jul 18, 2018 6:53 pm

chicoalto0649 wrote:
estefanchanning wrote:
abogado2018 wrote:Can a seller of a home disclaim latent defects (e.g. termite damage) he doesn't know about by selling the house "AS IS"?

Themis says no, Adaptibar says yes.


Of course you can.


Doesn't it depend on the jurisdiction. Common law: no duty to disclose. In a jdx that does recognize one, a seller has a duty to disclose latent defects known to seller and not known to buyer which could not be discovered by reasonable inspection. Disclaimer effective only if the defect wasn't known to seller.


Yes, but that wasn't his question. He said "can seller of home disclaim latent defect he doesn't know about by selling 'as is'." The answer is yes, in all jurisdictions.

xonimi

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Re: 2018 July California Bar

Postby xonimi » Thu Jul 19, 2018 12:29 am

What percentage should we be aiming for on MBE sets?

barprepforca

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Re: 2018 July California Bar

Postby barprepforca » Thu Jul 19, 2018 1:01 am

Can someone explain to me why the performance renders the mailbox rule inert in this question?

Two salesmen, who lived in different suburbs twenty miles apart, were golfing acquaintances at the Interurban Country Club. Both were traveling salesmen--one for a pharmaceutical company and the other for a widget manufacturer. The pharmaceutical salesman wrote the widget salesman by United States mail on Friday, October 8:

I need a motorcycle for transportation to the country club and will buy your Sujocki for $1,200 upon your bringing it to my home address above [stated in the letterhead] on or before noon, November 12 next. This offer is not subject to countermand.

Sincerely,

[signed] the pharmaceutical salesman

The widget salesman replied by mail the following day:

I accept your offer, and promise to deliver the bike as you specified.

Sincerely,

[signed] the widget salesman

This letter, although properly addressed, was misdirected by the postal service and not received by the pharmaceutical salesman until November 10. The pharmaceutical salesman had bought another Sujocki bike from a different friend for $1,050 a few hours before.

The friend saw the widget salesman at the Interurban Country Club on November 11 and said: "I sold my Sujocki to the pharmaceutical salesman yesterday for $1,050. Would you consider selling me yours for $950?" The widget salesman replied: "I'll let you know in a few days."

On November 12, the widget salesman took his Sujocki to the pharmaceutical salesman's residence; he arrived at 11:15 a.m. The pharmaceutical salesman was asleep and did not answer the ringing doorbell until 12:15 p.m. The pharmaceutical salesman then rejected the widget salesman's bike on the ground that he had already bought someone else's bike.

In a lawsuit by the widget salesman against the pharmaceutical salesman for breach of contract, what would the court probably decide regarding the widget salesman's letter of October 9?

A The letter bound both parties to a unilateral contract as soon as the widget salesman mailed it.
B Mailing of the letter by the widget salesman did not, of itself, prevent a subsequent, effective revocation by the pharmaceutical salesman of his offer.
C The letter bound both parties to a bilateral contract, but only when received by the pharmaceutical salesman on November 10.
D Regardless of whether the pharmaceutical salesman's offer had proposed a unilateral or a bilateral contract, the letter was an effective acceptance upon receipt, if not upon dispatch.

Answer: B is correct. The widget salesman's letter was not an appropriate method of acceptance because the pharmaceutical salesman's letter offer requested performance; thus, the mailbox rule would not apply to make the acceptance effective upon dispatch, and the pharmaceutical salesman's offer remained freely revocable.

ADR

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Re: 2018 July California Bar

Postby ADR » Thu Jul 19, 2018 1:15 am

barprepforca wrote:Can someone explain to me why the performance renders the mailbox rule inert in this question?

Two salesmen, who lived in different suburbs twenty miles apart, were golfing acquaintances at the Interurban Country Club. Both were traveling salesmen--one for a pharmaceutical company and the other for a widget manufacturer. The pharmaceutical salesman wrote the widget salesman by United States mail on Friday, October 8:

I need a motorcycle for transportation to the country club and will buy your Sujocki for $1,200 upon your bringing it to my home address above [stated in the letterhead] on or before noon, November 12 next. This offer is not subject to countermand.

Sincerely,

[signed] the pharmaceutical salesman

The widget salesman replied by mail the following day:

I accept your offer, and promise to deliver the bike as you specified.

Sincerely,

[signed] the widget salesman

This letter, although properly addressed, was misdirected by the postal service and not received by the pharmaceutical salesman until November 10. The pharmaceutical salesman had bought another Sujocki bike from a different friend for $1,050 a few hours before.

The friend saw the widget salesman at the Interurban Country Club on November 11 and said: "I sold my Sujocki to the pharmaceutical salesman yesterday for $1,050. Would you consider selling me yours for $950?" The widget salesman replied: "I'll let you know in a few days."

On November 12, the widget salesman took his Sujocki to the pharmaceutical salesman's residence; he arrived at 11:15 a.m. The pharmaceutical salesman was asleep and did not answer the ringing doorbell until 12:15 p.m. The pharmaceutical salesman then rejected the widget salesman's bike on the ground that he had already bought someone else's bike.

In a lawsuit by the widget salesman against the pharmaceutical salesman for breach of contract, what would the court probably decide regarding the widget salesman's letter of October 9?

A The letter bound both parties to a unilateral contract as soon as the widget salesman mailed it.
B Mailing of the letter by the widget salesman did not, of itself, prevent a subsequent, effective revocation by the pharmaceutical salesman of his offer.
C The letter bound both parties to a bilateral contract, but only when received by the pharmaceutical salesman on November 10.
D Regardless of whether the pharmaceutical salesman's offer had proposed a unilateral or a bilateral contract, the letter was an effective acceptance upon receipt, if not upon dispatch.

Answer: B is correct. The widget salesman's letter was not an appropriate method of acceptance because the pharmaceutical salesman's letter offer requested performance; thus, the mailbox rule would not apply to make the acceptance effective upon dispatch, and the pharmaceutical salesman's offer remained freely revocable.


The pharmaceutical salesman offer was a unilateral offer that can only be accepted by performance. Saying I accept via mailbox rule does not create a contract. Performance creates contract.



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