There aren't too many surprises that we've noticed in contracts on the MBE. However, make sure you nail down offer and acceptance rules, as well as performance issues in service contracts. Here are some specifics:

  • Offer and acceptance
    No shock here. Offer and acceptance is fundamental to contract law and heavily tested on the MBE, in part because it can come up in so many ways. Don't skip over this because you think it's too basic or you'll remember it from 1L year. Make sure to understand all offer and acceptance rules, including differences under the UCC.
  • Parol evidence
    Parol evidence has come up a few times. Nothing too tricky here, but it's important to remember when the parol evidence rule applies to prohibit extrinsic evidence of a written agreement and when it does not
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