...y breaches, any consent or ratification defense, and the remedies the beneficiaries may seek. This essay tests trustee loyalty, self-dealing defenses, and breach-o...
Citations: NCBE MEE Subject Matter Outline, Trusts and Estates, Uniform Trust Code sections 802, 1001, and 1002
Events occurred in two districts while the plaintiff filed in a third district chosen for convenience. A party invokes an equitable or discretionary remedy after contributing to the problem. What is the best analysis?...
Citations: 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
Events occurred in two districts while the plaintiff filed in a third district chosen for convenience. A party relied on common practice, but the record includes facts suggesting that practice was unreasonable or inco...
Citations: 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
A manager signed a supply agreement after receiving mixed instructions from the owner. A party invokes an equitable or discretionary remedy after contributing to the problem. What is the best analysis? Correct. Agency...
Citations: Restatement (Third) of Agency sections 1.01, 2.01, 2.03, 4.01
A manager signed a supply agreement after receiving mixed instructions from the owner. A party relied on common practice, but the record includes facts suggesting that practice was unreasonable or incomplete in this s...
Citations: Restatement (Third) of Agency sections 1.01, 2.01, 2.03, 4.01
A manager signed a supply agreement after receiving mixed instructions from the owner. The moving party has the burden on a contested element, and the opponent identifies a plausible exception. How should the issue mo...
Citations: Restatement (Third) of Agency sections 1.01, 2.01, 2.03, 4.01
A service contract provided, "Neither party may assign this contract without written consent." Later, one party assigned only its right to receive payment to a finance company. The obligor argues that the no-assignmen...
Citations: Restatement (Second) of Contracts 322, UCC 2-210, NCBE NextGen UBE Content Scope, Contracts
Events occurred in two districts while the plaintiff filed in a third district chosen for convenience. The key event occurred after warnings, partial performance, and a written objection by the affected party. The opp...
Citations: 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
Events occurred in two districts while the plaintiff filed in a third district chosen for convenience. The requested remedy would protect one party but impose a substantial burden on another party who had notice of th...
Citations: 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
A concert promoter rented a rooftop venue for one night to host a viewing party during a city fireworks show. The venue owner knew the promoter's sole purpose was the fireworks viewing. One week before the event, the...
Citations: Restatement (Second) of Contracts 261, Restatement (Second) of Contracts 265, UCC 2-615, NCBE NextGen UBE Content Scope, Contracts
Events occurred in two districts while the plaintiff filed in a third district chosen for convenience. The moving party has the burden on a contested element, and the opponent identifies a plausible exception. How sho...
Citations: 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
A contractor had a contract with an owner under which the owner would pay $70,000 when renovation work was complete. To secure a loan, the contractor signed a letter to a lender stating, "I hereby assign to Lender my...
Citations: Restatement (Second) of Contracts 317, Restatement (Second) of Contracts 324, NCBE NextGen UBE Content Scope, Contracts
A developer promised a city that it would pay a named landscape designer $40,000 for plans the city already owed the designer. The designer learned of the signed contract and bought specialized software in reliance on...
Citations: Restatement (Second) of Contracts 311, NCBE NextGen UBE Content Scope, Contracts
A homeowner hired a landscaper to install ordinary sod and shrubs. The landscaper delegated the work to a substitute landscaping company. The homeowner did not agree to release the original landscaper. The substitute...
Citations: Restatement (Second) of Contracts 318, NCBE NextGen UBE Content Scope, Contracts
A theater promised a promoter that it would pay $20,000 of ticket proceeds to a named charity. The contract required the promoter to sell at least 1,000 tickets before any proceeds payment was due. The promoter sold o...
Citations: Restatement (Second) of Contracts 309, NCBE NextGen UBE Content Scope, Contracts
A boutique contracted to buy 200 custom-labeled jackets from a manufacturer, with delivery to one local store. The boutique then assigned its right to receive the jackets to a national chain that demanded delivery to...
Citations: UCC 2-210, NCBE NextGen UBE Content Scope, Contracts
A caterer assigned to a bank its right to receive $25,000 from a hotel after a banquet. Before the hotel received notice of the assignment, the caterer breached part of the banquet contract, causing the hotel $4,000 i...
Citations: Restatement (Second) of Contracts 336, NCBE NextGen UBE Content Scope, Contracts
A city contracted with a paving company to resurface several streets. The contract said the project would "improve neighborhood access" but did not name residents or give residents any enforcement role. The company br...
Citations: Restatement (Second) of Contracts 302, NCBE NextGen UBE Content Scope, Contracts
A city settled a dispute with a neighborhood clinic by promising to help fund a public health wing. The city then contracted with a developer to build an apartment project. The development contract stated: "Developer...
Citations: Restatement (Second) of Contracts 302, Restatement (Second) of Contracts 304, Restatement (Second) of Contracts 309, Restatement (Second) of Contracts 311, NCBE NextGen UBE Content Scope, Contracts
A client hired a portrait painter known for a distinctive style to paint the client's family portrait. The painter tried to delegate the work to another artist with strong technical skill but a different style. The co...
Citations: Restatement (Second) of Contracts 318, NCBE NextGen UBE Content Scope, Contracts
A concert promoter contracted with a venue to host a charity concert. The contract required the venue to provide sound, security, and seating. It also stated: "After deducting expenses, Venue shall pay $50,000 of the...
Citations: Restatement (Second) of Contracts 302, Restatement (Second) of Contracts 309, Restatement (Second) of Contracts 317, Restatement (Second) of Contracts 318, NCBE NextGen UBE Content Scope, Contracts
A contractor owed a supplier $30,000 for materials. The contractor later contracted with an owner to renovate a store. The renovation contract stated that the owner would pay $30,000 of the contract price directly to...
Citations: Restatement (Second) of Contracts 302, Restatement (Second) of Contracts 304, NCBE NextGen UBE Content Scope, Contracts
A museum hired a well-known architect to design a signature entrance pavilion and to supervise routine permit filings for a fixed fee. The contract emphasized the architect's "distinct design judgment and public reput...
Citations: Restatement (Second) of Contracts 318, Restatement (Second) of Contracts 328, NCBE NextGen UBE Content Scope, Contracts
A small bakery contracted to buy 400 custom-labeled flour bags each month from a mill for one year. The contract stated that "neither party may assign or delegate without written consent." After three months, the bake...
Citations: UCC 2-210, NCBE NextGen UBE Content Scope, Contracts
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