Defenses to Enforceability, MBE prep certification 2026

Progress: 24% (23/94)

Learning progress ?

1. In a restitutionary action, can the administratrix of the 84-year-old man's estate, a surviving sister, recover on behalf of the estate either all or part of the $20,000 paid to the geriatric company on September 25?Not learned 2. As between the retailer and the wholesaler, which of the following is an accurate statement?Not learned 3. In an action by the family friend against the father to recover $1,000 plus interest, which of the following statements would summarize the father's best defense?Not learned 4. Which of the following, if proved, would best support the wallpaper hanger's defense?Not learned 5. Which of the following additional facts, if established by the son, would best support his chance of obtaining rescission of the sale to the trainer?Not learned 6. Which one of the following scenarios would best support an action by the trainer, rather than the son, to rescind the sale?Not learned 7. On learning of the rejection, does the glove manufacturer have a cause of action against the ski-shop operator for breach of contract?Not learned 8. If, before the logger commences performance, the landholder's investment fortunes suddenly improve and he wishes to get out of the timber deal with the logger, which of the following legal concepts affords his best prospect of effective cancellation?Not learned 9. Which of the following will the court probably decide?Not learned 10. In a suit by the manufacturer against the retailer, which of the following will be the probable decision?Not learned 11. Will the mother’s statute-of-frauds defense likely be successful?Not learned 12. Will the homeowner likely succeed in an action against the insurance company to recover for the loss?Not learned 13. If the homeowner sues the buyer for breach of contract, is the homeowner likely to prevail?Not learned 14. Is the buyer likely to prevail?Not learned 15. On what ground would the contract most likely be avoided?Not learned 16. Is there an enforceable contract between the jewelry maker and the company?Not learned 17. Which of the following states the probable legal consequences of the correspondence between the parties?Not learned 18. Is the towing company’s performance excused on the grounds of mistake?Not learned 19. Is the employer likely to prevail in an action seeking reformation of the release to conform to the parties’ oral agreement?Not learned 20. If the contractor sues the resident for breach of contract, how is the court likely to rule?Not learned 21. If the neighbor sues the woman for breach of contract, will he be likely to prevail?Not learned 22. If the woman sues the bank for breach of contract, will the bank’s misrepresentation defense likely succeed?Not learned 23. Is the supplier’s statute of frauds defense likely to succeed?Not learned 24. Will the mechanic be able to enforce the landscaper’s promise to pay the additional $2,000?Not learned 25. What would be the wife’s strongest argument for rescinding the contract?Not learned 26. If the contractor sues the landowner to recover the additional cost, will the contractor be likely to prevail?Not learned 27. Is the lender entitled to cancel disbursement of the funds and rescind the loan agreement?Not learned 28. Assuming no applicable statutes, is the friend likely to prevail in an action to rescind his purchase of the car from the woman?Not learned 29. Would the statute of frauds be an effective defense for the employer in that action?Not learned