CA bar exam Questions with Complete Solutions (Latest 2025) commercial builder be bound by a residential-use restriction if
- Correct Answers ✅(1) grantor had common scheme (2)
unrestricted lot holders had notice (majority rule) reqs for burden of equitable servitude - Correct Answers ✅intent, notice, touch and concern render title unmarketable - Correct Answers ✅(1) defects in record chain of title (adverse posession) (2) encumbrances (mortgages, liens, easements, restrictive covenants) (3) zoning violations f the buyer of land determines that the seller's title is unmarketable, the buyer - Correct Answers ✅must notify the seller that title is unmarketable and give the seller reasonable time to cure the defects Which of the following is true when a seller of land breaches the implied covenant of marketable title? - Correct Answers ✅closing date extended and allow seller time to cure To have the power to accept, the offeree must have - Correct Answers ✅knowledge of the offer Mailbox Rule - Correct Answers ✅A rule providing that an acceptance of an offer becomes effective on dispatch. 1 / 4
CA bar exam Questions with Complete Solutions (Latest 2025) Exceptions to Mailbox Rule - Correct Answers ✅Offer stipulates that acceptance ONLY when received.
Option K: an acceptance under option K is effective only on
reciept offeree sends a rejection and then sends an acceptance in which case whichever arrives first is effective the offeree sends an acceptance and then a rejetion in which case th acceptance is effective UNLESS the rejection arrives first and the offeror detrimentally relies on it indirect revocation of an offer - Correct Answers ✅offeree recieves (1) correction info (2) from a reliable source (3) of acts of the offeror that would indicate to a reasonable person that the offeror no longer wishes to make the offer notes about promises - Correct Answers ✅promises make gifts in the future are unenforcable even if intended by the promisor to be enforceable and are in writing promissory estoppel - Correct Answers ✅where there is substantial detrimental reliance by a party on a promise of 2 / 4
CA bar exam Questions with Complete Solutions (Latest 2025) the promisor, the promise will be enforceable even absent consideration promises to pay debts - Correct Answers ✅Ks in which one party promises to pay the debt of another, must be in writing illusory promise - Correct Answers ✅no consideration on either side of the K unilateral k - Correct Answers ✅one seeking performance rather than a promise to perform offer is made and acceptance can only occur by performance (think reward offers, etc) once performance begins, offeror cannot revoke offer, but mere preparation is not enough does not terminate if offeror dies also remember, you only use reliance if there is an ABSENCE of consideration (but like if the younger brother gives up something the right they have to do, then that is adequate consideration) when are additional terms in a K acceptable - Correct Answers ✅, an acceptance containing additional or different terms is effective unless the offeree expressly makes his 3 / 4
CA bar exam Questions with Complete Solutions (Latest 2025) acceptance conditional on assent by the offeror to the additional terms Conditional Acceptance - Correct Answers ✅turns into rejection + counter offer -- acceptance of an offer contingent upon the acceptance of an additional or different term order for prompt shipment of goods under UCC - Correct Answers ✅an order for "prompt shipment" may be accepted by shipment of either conforming or nonconforming goods, and a contract is created upon such shipment. The association may reject the nonconforming shipment [UCC §2- 601] and sue for damages. It may also, if it wishes, accept the shipment [UCC §2-601], notify the seller of the breach [UCC §2-607(3)], pay the contract price [UCC §2-607(1)], and seek damages even after accepting the nonconforming goods [UCC §2-7l4] Buyer's Cover (if buyer rejects goods and goes and buys goods to cover from alt seller - Correct Answers ✅by making a reasonable purchase of substitute goods, and then may recover as damages the difference between the contract price and the "cover" price of buying conforming goods when do rights of a third party beneficiary vest? - Correct Answers ✅(i) it manifests assent in a manner invited or requested by the parties; (ii) it learns of the contract and detrimentally relies on it (then the interests of justice relies
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