Master Bar Exam Contracts and Torts: 100 Black-Letter Rules for the MBE
Memorize 100 bar exam rules on contracts and torts: mailbox rule, Statute of Frauds, negligence elements, res ipsa loquitur, defamation. Deck QY3944 on Flip It.
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On the MBE, Contracts and Torts questions rarely ask you to state a rule. They hand you a fact pattern and expect you to pick which of four near-identical rules it triggers. Bar Exam: Contracts and Torts (deck code QY3944, 100 cards) on Flip It is built for exactly that reflex: one card per black-letter rule, worded the way you need to recite it in ninety seconds. Forty cards cover contract formation, excuse and remedies; sixty cover tort liability, damages and defenses.
Study this deck: Bar Exam: Contracts & Torts
1 / 10What is required for a valid offer in contract law?
Tap the card for the answer · swipe right if you knew it, left if not
Ten cards from the deck
| Front | Back |
|---|---|
| What is the mailbox rule? | Acceptance is effective when dispatched, not when received, unless the offer specifies otherwise |
| What is the Statute of Frauds? | Certain contracts must be in writing: marriage, suretyship, land, year+, goods $500+ |
| What is the perfect tender rule in UCC? | Seller must deliver goods conforming exactly to the contract; buyer may reject any non-conforming goods |
| What is frustration of purpose? | Supervening event destroys the purpose of the contract, excusing performance when both parties knew of the purpose |
| What is the expectation measure of damages? | Puts the non-breaching party in the position they would have been in had the contract been performed |
| What are the elements of negligence? | Duty, breach, causation (actual and proximate), and damages |
| What is res ipsa loquitur? | Allows an inference of negligence when the accident does not normally occur without it, the instrumentality was in defendant's control, and plaintiff is not responsible |
| What is the eggshell skull rule? | Defendant takes plaintiff as they find them; liable for the full extent of injuries even if severity was unforeseeable |
| What is the actual malice standard? | Public figures must prove the defendant knew the statement was false or acted with reckless disregard for truth |
| What is the attractive nuisance doctrine? | Landowner liable to trespassing children where a dangerous condition exists, the child cannot appreciate the risk, the burden of fixing it is slight, and trespass is foreseeable |
The 100 rules, mapped
- Formation: valid offer, mirror image rule, unilateral vs. bilateral contracts, consideration, promissory estoppel, UCC 2-207 battle of the forms, requirements and output contracts.
- Writing and interpretation: Statute of Frauds, parol evidence rule, reformation.
- Excuse and discharge: conditions precedent and subsequent, substantial performance, anticipatory repudiation, impossibility, commercial impracticability, frustration of purpose, novation, accord and satisfaction, rescission, minors' voidable contracts, unconscionability.
- Remedies: expectation, reliance, restitution, consequential vs. compensatory damages, liquidated damages, duty to mitigate, specific performance, material vs. minor breach.
- Third parties: assignment of rights, delegation of duties, intended vs. incidental beneficiaries, creditor and donee beneficiaries.
- Intentional torts: battery, assault, false imprisonment, IIED, trespass to land, trespass to chattels, conversion.
- Negligence: duty owed to trespassers, licensees and invitees, negligence per se, but-for and substantial factor tests, proximate cause, contributory and comparative negligence, assumption of risk, zone-of-danger and bystander emotional distress, negligent misrepresentation.
- Strict liability and products: abnormally dangerous activities, wild and domestic animals, manufacturing, design and failure-to-warn defects, consumer expectations and risk-utility tests, the learned intermediary doctrine.
- Reputation and privacy: libel vs. slander, defamation per se, truth, fair comment, intrusion upon seclusion, public disclosure, false light, appropriation.
- Allocating liability: respondeat superior, joint and several liability, contribution, indemnity, nuisance, collateral source rule, wrongful death, survival actions, shopkeeper's privilege, self-defense, defense of others and of property, necessity, consent.
Two drills this material rewards
Shuffle the near-twins together. The deck's real difficulty is in the pairs the examiners exploit: licensee vs. invitee, material vs. minor breach, intended vs. incidental beneficiary, express vs. implied assumption of risk, private vs. public nuisance, impossibility vs. impracticability vs. frustration. Study them side by side and write the one fact that flips the answer — who benefits, who knew, who could still perform.
Count elements before you name them. Negligence has four, products liability has four, res ipsa has three, attractive nuisance has four, defamation has five. Recalling the number first tells you immediately when your answer is missing a piece — the single most common way points disappear on an essay.
Already working through this category? The deck pairs naturally with Bar Exam Key Concepts, which covers qualification routes and exam formats across 22 jurisdictions.
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