BarBri Bar Review Hangout - July 2015 Exam Forum

[Ludacrispat26]

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.

helpful: http://mbetutorial.blogspot.com/2011/08 ... tions.html

[Tiago Splitter]

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.

Assignment: One guy unilaterally gives his rights in the contract to someone else. I agree to paint your house, but I assign my rights in the contract to my cousin so you'll be paying him instead.

Delegation: One guy unilaterally asks someone else to do his job as required in the contract. So I agree to paint your house and I hire some people to help, I'm delegating some or all of my duties to them but I remain on the hook.

Novation: Both parties agree someone else will take over for one of the parties. So I agree to paint your house then we find out a better painter is available so we mutually agree to swap in the better guy for me. I'm now off the hook.

[kyle010723]

Does anyone know if Barbri's "75% completion = 100% pass rate" applies to all barbri students or only specific schools?

So I asked Barbri, and this is the reply: "At an impressive number of schools across the U.S. among students who did 75% of the work, 100% of those students passed the bar"

[myrtlewinston]

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.

If it helps, I think of a novation as a substitute contract, an assignment as involving a substitute beneficiary, and a delegation as involving a substitute performer.

[musicfor18]

Does anyone know if Barbri's "75% completion = 100% pass rate" applies to all barbri students or only specific schools?

So I asked Barbri, and this is the reply: "At an impressive number of schools across the U.S. among students who did 75% of the work, 100% of those students passed the bar"

Oh.

[mr.hands]

Does anyone know if Barbri's "75% completion = 100% pass rate" applies to all barbri students or only specific schools?

So I asked Barbri, and this is the reply: "At an impressive number of schools across the U.S. among students who did 75% of the work, 100% of those students passed the bar"

Oh.

wow so Barbri is full of shit

[Ludacrispat26]

Does anyone know if Barbri's "75% completion = 100% pass rate" applies to all barbri students or only specific schools?

So I asked Barbri, and this is the reply: "At an impressive number of schools across the U.S. among students who did 75% of the work, 100% of those students passed the bar"

Oh.

wow so Barbri is full of shit

It would be absurd to think that every person who got through 75% pass their respective bars.

It'd be absurd to think that of 99%

[musicfor18]

Can anyone explain Question 10 in Contracts MPQ Set 5? I thought the correct answer was (A), but it's (B). I don't understand why the seller has an opportunity to cure. I just don't agree with Barbri's analysis of the facts, I guess. First of all, one button missing on a $12,000 coat doesn't seem like a minor defect to me. And I don't understand why the seller could have reasonably believed it would have been acceptable.

[3|ink]

I'm just now realizing that I learned NOTHING from Kaufman's corporations lecture. NOTHING.

[envisciguy]

So, this probably just show my complete lack of understanding of the Rule Against Perpetuities, but would anyone be willing to explain why Question 12 of Real Property Set 5 isn't subject to RAP? BARBRI didn't even mention it, so I'm guessing I missed something pretty obvious.

[Barbro]

Does anyone know if Barbri's "75% completion = 100% pass rate" applies to all barbri students or only specific schools?

So I asked Barbri, and this is the reply: "At an impressive number of schools across the U.S. among students who did 75% of the work, 100% of those students passed the bar"

Oh well so long as it's an impressive number of schools...

[musicfor18]

So, this probably just show my complete lack of understanding of the Rule Against Perpetuities, but would anyone be willing to explain why Question 12 of Real Property Set 5 isn't subject to RAP? BARBRI didn't even mention it, so I'm guessing I missed something pretty obvious.

Someone else should check my work here, but here's my analysis: The devise is "subject" to RAP but doesn't violate it. It's subject to RAP because it includes two contingent remainders (actually, a contingent life estate and a contingent remainder). It doesn't violate RAP because everything must vest or fail within lives in being (you don't even need the +21 years here). The contingent life estate in the eldest of the 2 grandchildren will vest, if at all, when the daughter dies. The contingent remainder in the eldest surviving offspring is limited by the language "at the death of the last life tenant. So, it will vest when the eldest of the 2 grandchildren (who are alive now) dies.

[rickgrimes69]

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.

helpful: http://mbetutorial.blogspot.com/2011/08 ... tions.html

This is helpful thanks

[Neff]

Good explanations of RAP, etc:

http://thehermitofsidleypark.tumblr.com/

[kyle010723]

So I asked Barbri, and this is the reply: "At an impressive number of schools across the U.S. among students who did 75% of the work, 100% of those students passed the bar"

Oh well so long as it's an impressive number of schools...

They might as well tell you "50% of the students passed 100% of the time" and would still be a true statement in most states...

[kmp127]

Does anyone have a Business Orgs chart for TX? Something lays out visually the major differences between the types of orgs (like formation and liability)?

I'll trade u something I might have!!

[Danger Zone]

I'm just now realizing that I learned NOTHING from Kaufman's corporations lecture. NOTHING.

Feeling the same way in NY and Freer teaches that one. He's a great lecturer, so I just must be an idiot.

[myrtlewinston]

I'm just now realizing that I learned NOTHING from Kaufman's corporations lecture. NOTHING.

Feeling the same way in NY and Freer teaches that one. He's a great lecturer, so I just must be an idiot.

There's always Ruescher's $129 NY mini-review.

[Killingly]

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?

[Danger Zone]

I'm just now realizing that I learned NOTHING from Kaufman's corporations lecture. NOTHING.

Feeling the same way in NY and Freer teaches that one. He's a great lecturer, so I just must be an idiot.

There's always Ruescher's $129 NY mini-review.

The thought of spending any more money on this stupid test makes me literally nauseous.

[RaleighStClair]

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?

I think it's okay if something is being given up for the $5k decrease; like if the payment is earlier than it normally would have to be. Otherwise it's just a pre-existing legal duty. I could be wrong though.

[Killingly]

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?

I think it's okay if something is being given up for the $5k decrease; like if the payment is earlier than it normally would have to be. Otherwise it's just a pre-existing legal duty. I could be wrong though.

I'm specifically talking about the first contracts essay in the MEE book. Still confused why it wouldn't be a satisfaction and accord.

[myrtlewinston]

I'm just now realizing that I learned NOTHING from Kaufman's corporations lecture. NOTHING.

Feeling the same way in NY and Freer teaches that one. He's a great lecturer, so I just must be an idiot.

There's always Ruescher's $129 NY mini-review.

The thought of spending any more money on this stupid test makes me literally nauseous.

Even worse is the thought of paying Barbri more money.

[RaleighStClair]

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?

I think it's okay if something is being given up for the $5k decrease; like if the payment is earlier than it normally would have to be. Otherwise it's just a pre-existing legal duty. I could be wrong though.

I'm specifically talking about the first contracts essay in the MEE book. Still confused why it wouldn't be a satisfaction and accord.

https://getbarmax.com/accord-satisfacti ... ification/ - So there's this explanation, but I think this only strengthens your position, because Question 1 definitely has an "if...then..." type of agreement, which I think would be an accord. There was no satisfaction though of course because Retailer didn't perform.

I think the difference may be that in their essay, BarBri is saying that Retailer's reponse to Designer's original proposal was a rejection and counter-offer, which when accepted by Designer, created a totally new contract.

[Killingly]

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?

I think it's okay if something is being given up for the $5k decrease; like if the payment is earlier than it normally would have to be. Otherwise it's just a pre-existing legal duty. I could be wrong though.

I'm specifically talking about the first contracts essay in the MEE book. Still confused why it wouldn't be a satisfaction and accord.

https://getbarmax.com/accord-satisfacti ... ification/ - So there's this explanation, but I think this only strengthens your position, because Question 1 definitely has an "if...then..." type of agreement, which I think would be an accord. There was no satisfaction though of course because Retailer didn't perform.

I think the difference may be that in their essay, BarBri is saying that Retailer's reponse to Designer's original proposal was a rejection and counter-offer, which when accepted by Designer, created a totally new contract.

Thanks - that's exactly what I argued. Accord but no satisfaction. So the BarBri rubrics are just one way of getting points, not THE way?