A design firm offered to provide branding services to a retailer for $40,000. The retailer replied, "Accepted, but payment will be due 90 days after completion rather than 30 days." The design firm did not perform. The r...
Citations: Restatement (Second) of Contracts 59, UCC 2-207, NCBE NextGen UBE Content Scope, Contracts
A homeowner offered to sell a piano to a buyer for $6,000, stating that the offer would remain open until Friday. The buyer replied, "Would you consider $5,500? If not, I am still interested in your original price." The...
Citations: Restatement (Second) of Contracts 36, Restatement (Second) of Contracts 39, Restatement (Second) of Contracts 59, NCBE NextGen UBE Content Scope, Contracts
A seller mailed a signed offer to sell a painting to a buyer for $30,000, stating, "You may accept by mail." The buyer received the offer on Monday. On Tuesday morning, the buyer mailed a rejection. On Tuesday afternoon...
Citations: Restatement (Second) of Contracts 40, Restatement (Second) of Contracts 42, Restatement (Second) of Contracts 63, Restatement (Second) of Contracts 87, NCBE NextGen UBE Content Scope, Contracts
A seller mailed an offer to sell a signed baseball to a buyer and stated that acceptance by mail was permitted. The buyer mailed an acceptance on Tuesday at noon. The seller mailed a revocation on Tuesday afternoon. The...
Citations: Restatement (Second) of Contracts 42, Restatement (Second) of Contracts 63, NCBE NextGen UBE Content Scope, Contracts
For five years, a coffee roaster sent a cafe a monthly email offering 100 pounds of beans at the current posted price, and the cafe accepted by remaining silent; the roaster would then ship and the cafe would pay. This m...
Citations: Restatement (Second) of Contracts 69, NCBE NextGen UBE Content Scope, Contracts
A driver sues a trucking company after a collision. Driver offers a photograph of the intersection taken by Driver's spouse the next morning. Driver did not take the photo but testifies that the photo fairly and accurate...
Citations: Fed. R. Evid. 901(b)(1)
...nt furniture manufacturer sent a signed email to a hotel stating, "We offer to sell 200 desks for $500 each. This offer will remain open for six months." The hotel paid nothing for the promise to keep the offer open. Fou...
Citations: UCC 2-205, NCBE MBE Subject Matter Outline, Contracts, NCBE NextGen UBE Content Scope, Contracts
A merchant seller signed a letter offering to sell 10,000 pounds of copper wire and stating, "This offer will remain open for six months." The buyer gave no consideration for the promise to keep the offer open. Two month...
Citations: UCC 2-104, UCC 2-205, NCBE NextGen UBE Content Scope, Contracts
A party offered a text message to prove both notice and the truth of the matter asserted. After an initial agreement or ruling, later conduct created ambiguity about whether the required legal element was satisfied. The...
Citations: FRE 801, FRE 802, FRE 803, FRE 804, FRE 807
A party offered a text message to prove both notice and the truth of the matter asserted. The requested remedy would protect one party but impose a substantial burden on another party who had notice of the risk. The oppo...
Citations: FRE 801, FRE 802, FRE 803, FRE 804, FRE 807
A party offered graphic proof with modest probative value and serious prejudice risk. Another actor changed position after relying on the relevant statement, document, or official action. Which analysis best protects the...
Citations: FRE 401, FRE 402, FRE 403
A party offered graphic proof with modest probative value and serious prejudice risk. The decision maker must choose between a categorical shortcut and a fact-sensitive standard. Which statement is most consistent with b...
Citations: FRE 401, FRE 402, FRE 403
A party offered graphic proof with modest probative value and serious prejudice risk. The disputed action was partly authorized but exceeded an important limitation. Which statement best explains the consequence? Correct...
Citations: FRE 401, FRE 402, FRE 403
A party offered graphic proof with modest probative value and serious prejudice risk. The facts support the doctrine in part, but a timing problem may limit the requested remedy. What is the strongest reason for the like...
Citations: FRE 401, FRE 402, FRE 403
A seller promised to keep an offer open while the buyer made costly preparations. A party relied on common practice, but the record includes facts suggesting that practice was unreasonable or incomplete in this setting...
Citations: Restatement (Second) Contracts sections 24, 71, 90, UCC 2-204, UCC 2-205
A seller promised to keep an offer open while the buyer made costly preparations. The moving party has the burden on a contested element, and the opponent identifies a plausible exception. How should the issue most likel...
Citations: Restatement (Second) Contracts sections 24, 71, 90, UCC 2-204, UCC 2-205
A seller promised to keep an offer open while the buyer made costly preparations. The requested remedy would protect one party but impose a substantial burden on another party who had notice of the risk. The opponent arg...
Citations: Restatement (Second) Contracts sections 24, 71, 90, UCC 2-204, UCC 2-205
After a recorded phone call is offered at trial, Witness testifies that she recognizes Defendant's voice because she spoke with Defendant in person during a deposition two months after the call and the recorded voice has...
Citations: Fed. R. Evid. 901(b)(5)
...to pay for thousands of small shipments over three years. Distributor offers a one-page spreadsheet summary showing invoice dates, shipment numbers, payments, credits, and a claimed unpaid balance of $418,000. Distributo...
Citations: Fed. R. Evid. 1006, Fed. R. Evid. 611, Fed. R. Evid. 803(6)
...er a home fire allegedly started in a lithium battery pack. Homeowner offers Dr. Lin, an electrical engineer who has studied battery failures for 18 years. Dr. Lin inspected the burned pack, reviewed photographs of the s...
Citations: Fed. R. Evid. 702, Fed. R. Evid. 403
...r whether a buyer accepted late delivery of machine parts, the seller offers evidence that the buyer failed a college accounting class 20 years earlier. No claim or defense concerns the buyer's education, accounting abil...
Citations: NCBE NextGen UBE Content Scope, Evidence, Fed. R. Evid. 401, Fed. R. Evid. 402
In a negligence action, the plaintiff offers a store inspection log showing that no employee inspected the aisle for two hours before the plaintiff slipped. The store argues that the log is not enough by itself to prove...
Citations: NCBE NextGen UBE Content Scope, Evidence, Fed. R. Evid. 401
In a warranty trial, Buyer offers Seller's daily repair log showing that a technician replaced the same machine part three times in one week. Seller's records custodian testifies that technicians make repair entries at t...
Citations: Fed. R. Evid. 803(6), Fed. R. Evid. 805
...d to buy a one-of-a-kind signed manuscript. The seller repudiated and offered to pay the collector ordinary market damages. No comparable manuscript is available. Which statement best describes specific performance? The...
Citations: Restatement (Second) of Contracts 359, Restatement (Second) of Contracts 367, UCC 2-716, NCBE NextGen UBE Content Scope, Contracts
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