Law Students: This Is How To Answer MBE Questions *e law book: LOOK INSIDE!!!

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All The Author's Essays Selected For Publishing After The Feb 2012 Bar Exam!!!

Excerpt:

A man asked another man to share a taxi with him. The second man accepted and entered the taxi in the rain. When the taxi stopped the first man refused to pay the second man’s fare, claiming that there was no contract between them.

Is the first man correct?

(A) A contract formed because there was offer and acceptance.
(B) A contract formed because the second man did something he was not obligated to do.
(C) A breach has occurred because the second man did not obtain his contract expectation.
(D) A contract did not form because a gift occurred.

Here, we see that (A) and (B) are saying different parts of the same thing: that a contract formed because the three essentials were present; offer, acceptance, consideration.

Because (A) cannot be right by itself without (B) - and vice versa - we know that neither is the answer they’re looking for. So we move on.