MBE Tip of the Day – Contracts MBE Tips!

Answer to the Contracts MBE Question

Subject: Contracts

Legal Issue: What is the man’s best argument to get his money back?

Legal Rule and Analysis:  

Here, the facts specifically tell us that “the man does not use the swimming goggles until a couple months later” – thus, it is too late to “reject” the goods. Rejection must take place sooner – within a “reasonable time”.  However, the buyer may still be able to revoke his acceptance of the goods.

What does a buyer have to show in order to revoke his acceptance of goods? The buyer may revoke his acceptance of goods when:

• the nonconformity substantially impairs the value to him, and
• he accepted it because he had a reasonable belief that the nonconformity would be cured (and it was not) or he did not discover the nonconformity because the nonconformity was difficult to discover or because of the seller’s assurances; and
• he revokes within a reasonable time after he discovers or should have discovered the nonconformity
• before any substantial change in condition of the goods which is not caused by their own defect.

Here, all elements are present. The defect is a substantial impairment to him as he cannot use the goggles. The defect was difficult to discover right away because he bought the goggles in the winter. He revoked right after he discovered the defect (the next day) and facts do not indicate any substantial change in the condition of the goods.

Conclusion: The man may revoke his acceptance of the goods.

Look at the answer choices provided. Choose an answer choice that matches your conclusion. Review the other answer choices provided.  The answer is (B)

(A) is incorrect because rejection must take place sooner. Here, the man held on to the goods for a long enough time (a couple months) that he has “accepted” the goods.

(C) is incorrect because while the store may have breached the implied warranty of merchantability (by selling goggles that did not keep water out), there are no facts that indicate the implied warranty of fitness for a particular purpose was breached. That warranty is only invoked when the buyer relies on the seller to select goods to fit a particular purpose. Here, there is no indication that the buyer relied on any statement by the seller to meet some particular purpose of his.

(D) is incorrect as there are no facts indicating that the store was negligent. (He could potentially have a strict liability tort claim but (D) only discusses negligence.) Further, beware of any answer choice that seems to discuss a totally different area of law – they are often wrong. This is giving a Torts answer to a Contracts question.

MBE Tip: Sometimes students answer MBE questions incorrectly because of fatigue, anxiety, or rushing through questions! If you suspect you may answer questions incorrectly for this reason, closely examine the answer sheets of any 100-question exams you have taken.

If you consistently answer a lot of questions incorrectly at the beginning of the exam, it may be due to anxiety. That is, you may be reading the questions too quickly, rushing through them, or not paying close attention to what you are reading. Practice visualization and envision yourself answering questions clearly and calmly.

Also, if you are anxious because you think you won’t get to all of the questions, divide up your answer sheet before you start so you know how many questions you should answer (e.g. 33 questions in an hour or 9 questions every 15 minutes, as some students do). This will help you feel a sense of control, which will hopefully help you calm down.

If you find that you consistently answer questions incorrectly toward the end of the exam, is it due to fatigue? If so, consider getting up and stretching or taking a very brief break between questions when you start to feel fatigued. Is it because of timing? If so, keep a close eye on the clock to make sure you do not fall behind on exam day.

Paying attention to details like this can help you improve your score!