UT Bar Multistate Essay 2

Question 1

In an MEE business associations essay, a general partner of a limited partnership personally guarantees a partnership loan without informing the limited partners. Which duty analysis is most relevant?

Accepted Answer

The duty of loyalty, because the guarantee may create a conflict of interest with the partnership

Answer

A general partner's self-interested transactions implicate the fiduciary duty of loyalty, which requires full disclosure and fair dealing with the partnership.

Question 2

An MEE trusts question describes a settlor who creates a revocable trust and later becomes incapacitated. Who generally holds the power to enforce the trustee's duties during the settlor's incapacity under the UTC?

Accepted Answer

The qualified beneficiaries, because the settlor cannot exercise control

Answer

Under the UTC, while a settlor is competent the duties run to the settlor, but upon incapacity qualified beneficiaries may enforce the trustee's duties.

Question 3

A decedent's will leaves 'my car' to a nephew, but the decedent sold that car and bought a new one before death. In an MEE wills essay, what doctrine determines whether the nephew takes the new car?

Accepted Answer

Ademption by extinction, with courts examining whether a replacement rule applies

Answer

A specific devise that is not in the estate at death is adeemed by extinction, though many states and the UPC allow the beneficiary to take replacement property.

Question 4

In an MEE conflict of laws essay, a Utah court hears a contract dispute with no choice-of-law clause. Under the Second Restatement approach, which test governs?

Accepted Answer

The state with the most significant relationship to the transaction and parties

Answer

The Second Restatement applies the law of the state with the most significant relationship, weighing contacts such as place of negotiation, performance, and the parties' domicile.

Question 5

An MEE family law question involves a premarital agreement waiving spousal support, signed the night before the wedding without financial disclosure. What is the strongest argument against enforcement?

Accepted Answer

The agreement was involuntary or unconscionable given the timing and lack of fair disclosure

Answer

Courts scrutinize premarital agreements for voluntariness and unconscionability, and last-minute signing combined with no financial disclosure supports non-enforcement.

(UT Bar) Utah Bar Exam Practice Test

(UT Bar) Utah Bar Exam Practice Test

UT Bar Multistate Essay 2