MBE Question of the Day
As bar exam results from the July 2022 exam have now been 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
A sailor chartered a steamer ship from a ship owner. The agreement granted, for consideration, a cancellation option to the
sailor if the steamer was not ready to load “on or before midnight of the 10th of October.” The ship arrived at the port of
loading at 11 p.m. on the 10th of October, but the steamer could not be loaded until it was inspected by a health officer on the
morning of October 11. The sailor was not prejudiced in any way by the delay, but nonetheless exercised his option to cancel.
He secured another charter the following day at a cheaper rate.
sailor if the steamer was not ready to load “on or before midnight of the 10th of October.” The ship arrived at the port of
loading at 11 p.m. on the 10th of October, but the steamer could not be loaded until it was inspected by a health officer on the
morning of October 11. The sailor was not prejudiced in any way by the delay, but nonetheless exercised his option to cancel.
He secured another charter the following day at a cheaper rate.
If the ship owner filed a suit against the sailor for breach of contract would the ship owner prevail?
(A) Yes, because the sailor would be found in breach of contract because of an implied condition of good faith.
(B) Yes, because the sailor would be found in breach of contract because the delay was minimal and he was
not prejudiced thereby.
not prejudiced thereby.
(C) No, because the sailor would not be in breach of contract because of the express terms of the contract.
(D) No, because the sailor would not be in breach of contract because he was able to secure another charter at a
cheaper rate
cheaper rate
Answer to be posted tomorrow…..