MBE Question on the Day

As bar exam results from the July 2022 exam are released in states around the country, we will be posting several real MBE questions every week, with the answer to be posted the following day. Please feel free to email us with any questions about these, and if you were unsuccessful on the bar exam, submit your score report here for a free score report evaluation from our bar exam experts!

MBE Question of the Day

The owner of a horse offered, by mail, to sell the horse to a buyer for $250. The horse was already in the buyer’s possession. The
owner’s letter stated, “I am so sure you will accept that you need not trouble to write. Your silence alone will operate as an
acceptance.” The buyer, who did not intend to accept, threw the offer away and made no reply.
If the owner sues the buyer for breach of contract regarding the horse, will the owner prevail?
(A) No, because silence is not an acceptance.
(B) No, because the buyer already possessed the horse.
(C) Yes, because the buyer should have held onto the offer instead of throwing it away.
(D) Yes, because there is an implied contract for the horse.
Answer to be posted tomorrow…..