Contracts MBE Practice Test 2019


This MBE prep test consists of 30 multiple choice questions on the law of contracts. As in the official MBE test, Revised Article 1 and Article 2 of the Uniform Commercial Code are applicable where appropriate to merchants and the sale of goods. Where these are not appropriate to the question, you may apply the fundamental principles of contract law to resolve the problem.

As always, you are given four possible answers to resolve the hypothetical fact problem. You must choose the best answer of the four. There is only one best answer. As with the Multistate Bar Examination, the purpose of the questions is to assess the extent to which you can apply fundamental legal principles and legal reasoning to analyze given fact patterns. The hint that we give you in the following questions is a learning tool that will at times give you the key that you need to unlock the door to the true answer. It’s not always a direct portal to the answer; instead, it may stimulate your thinking and give it a tiny nudge in the right direction. At other times, it may ‘seal the deal’ for you and confirm that your thinking is correct.

The National Conference of Bar Examiners (NCBE) provides an MBE Subject Matter Outline on its website that highlights the main areas of each tested subject matter. For the Contracts questions, the outline states that approximately one-half of the questions will be based on formation of contracts and the issues relating to performance, breach and discharge. About one-fourth of the questions will be based on Article 2 and Revised Article 1 of the Uniform Commercial Code. Other questions will deal with defenses to contract enforceability, parol evidence rule, remedies, and third-party rights. We have followed the same formula in the following test.

One of the best learning features in the BPH program is the expanded use of the ‘explanation’ section. This allows you in most instances to read case law wherein the same or a similar issue has been decided in a real-life case or cases. This feature takes your studying into a unique extra level of understanding of how the law and legal reasoning works. It takes your analysis to a more concrete level that allows for the formation of greater learning images. It has been shown that this kind of relational learning provides greater memory recall of the fundamental ideas learned.

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