MS Bar Multistate Bar 2

Question 1

Under the MBE, a seller of goods breaches the implied warranty of merchantability if the goods are not fit for:

Accepted Answer

The ordinary purposes for which such goods are used

Answer

The implied warranty of merchantability under UCC §2-314 requires goods to be fit for the ordinary purposes for which they are used.

Question 2

On the MBE, which of the following best describes the 'mailbox rule' for contract acceptance?

Accepted Answer

Acceptance is effective when dispatched by the offeree

Answer

Under the mailbox rule, acceptance is effective upon dispatch (mailing), not receipt, as long as it is properly addressed and postage is prepaid.

Question 3

A defendant is charged with larceny. Which mental state is required for conviction under common law?

Accepted Answer

Intent to permanently deprive the owner

Answer

Common law larceny requires the specific intent to permanently deprive the owner of their property at the time of the taking.

Question 4

Under MBE Constitutional Law, the Supremacy Clause prevents states from:

Accepted Answer

Enacting laws that directly conflict with valid federal law

Answer

The Supremacy Clause invalidates state laws that directly conflict with valid federal law or stand as an obstacle to federal objectives.

Question 5

On the MBE, a plaintiff suing in negligence must establish the defendant's duty of care. What standard applies to a landowner toward a licensee?

Accepted Answer

Duty to warn of known concealed dangers

Answer

A landowner owes a licensee only the duty to warn of known concealed dangers that the licensee would not reasonably discover.

(MS Bar) Mississippi Bar Exam Practice Test