3 Bar Questions to Get Ready For

If practice makes perfect … here’s another step towards perfection! While the bar questions below are not actual past Bar Exam questions, they are representative of what you’ll face on game day. Take a shot, and see how you do!bar questions, goal

Question 1

A collector of rare memorabilia went to see a woman who claimed to be in possession of artifacts from the sinking of the Titanic. When he got to her home, she led him to a separate room where she kept and displayed said artifacts. As they walked through the room, his eye fell on a disheveled ceramic doll that was in a glass case. He asked the woman about the doll. The woman told the story of how this doll was quite a valuable piece as it was retrieved from among the wreckage of the ship at the bottom of the ocean. She said that she had paid over $100,000 dollars for it at auction. The collector was so intrigued by this bittersweet item that he pleaded with the woman to sell it to him. She was hesitant, but ultimately agreed to sell it to him for the sum of $150,000. After he had it home for about 2 months, a friend visited who – upon seeing this doll on display – informed the collector that he might have been fooled. He told his friend that there had been a recent rash of imposters passing off various items as Titanic artifacts, when in fact they were never near the ill-fated ship. After intense research and the appraisal of an expert, it was determined that the doll was a fake. The collector then sued to disaffirm the contract that he entered into with the woman, and to get a full refund. Which legal theory is his best shot at achieving his goal?

    1. De Facto Fraud
    2. Fraudulent Inducement
    3. Breach of Implied Warranty
    4. Unconscionability

Question 2

A married man had begun developing feelings for a woman he worked with. One night, he gave into his desires and they engaged in sexual intercourse. Unbeknownst to him, his new mistress had a sexually transmitted disease. Shortly thereafter, the man had sex with his wife, who contracted the disease a few days later. After the man confessed to the liaison with his mistress, naming her as the likely cause of the infection, the wife called her directly and was answered in the affirmative when she asked the mistress if she had the disease. The wife promptly sued the mistress for negligence in failing to inform the husband of her disease. If the trial court dismisses the complaint based on failure to state a cause of action, what is the likely outcome at appellate level?

    1. People with sexually transmitted diseases are strictly liable when others contract the disease through them – so the appellate court would find the cause of action was valid.
    2. There is a cause of action. Any person with a sexually transmitted disease has a duty to take reasonable care to avoid infecting other people.
    3. There is no cause of action because the married man assumed the risk when he engaged in sex with an unknown third party.
    4. There is no cause of action because the husband was negligent. He did not ask the mistress about her sexual health before having sex, which was negligent. Then he had sex with his wife, without telling her about the adultery – thereby contributing to his wife’s injuries. Therefore, his negligence was a superseding cause that negates any negligence by the mistress.

Question 3

A woman who suffered from a spinal injury for the past three years was riding as a passenger in her friend’s vehicle when it was struck by an oncoming car that blew through a red light. The woman went to the hospital and was told that the tests revealed nothing wrong with her, except the spinal injury that she already had. The woman went home, but over the next couple of weeks, her spinal injury became more and more painful. Her ability to function rapidly decreased. She required much more medical treatments and therapy to attempt to alleviate her pain. She sued the driver of the car that struck them for negligence. The driver argued a motion to dismiss based on the fact that the woman showed no additional injuries resulting from the crash. The only injury was the same one she had prior to the accident. Will the judge dismiss the case due to the plaintiff not showing any injury that resulted from the accident?

    1. Yes. Simply because a person experiences the need for additional medical treatments and therapy for an already existing condition is not enough to show causation. It cannot be known if the accident increased her pain, or if the increase in pain was a natural progression of her original injury. This is not enough for a cause of action in this case.
    2. No. Whatever the cause of her original spinal injury was, this second injury of the car crash came afterwards. Therefore, any cause of action is properly brought against the perpetrator of the most recent cause of injury.
    3. No. When a crash is caused by a negligent driver, and a pre-existing condition is shown to have been exacerbated post-crash; that is enough evidence to support damages.
    4. Yes. In this case, it would be nearly impossible to separate the degree of injury and apportion blame to differing causes. No one knows how much of her pain is actually related to the car crash, so the case would be dismissed.

bar questions, answers

Answers

Question 1

#2 is Correct

Fraudulent inducement is a misrepresentation; either to the terms of a contract, or to the other aspects of a contractual agreement, which gives a false impression about the subject matter of the contract. This false impression must induce the buyer into entering into the contract. Here, the woman clearly made statements of “fact” that were false, material to the contract, and fully relied on by the buyer; therefore the buyer could disaffirm the contract. See Huron Tool and Engineering Co. v. Precision Consulting Services, Inc., 209 Mich. App. 365, 371, 372, 373, 532 NW 2d 541 (MI 1995), for a discussion of fraud in the inducement.

Question 2

#2 is Correct

When it comes to sexually transmitted diseases, a person has a duty of care. This duty extends to making attempts to avoid infecting other people. The mistress made absolutely no effort to properly inform the man – whom she knew was married – that she had a communicable sexually transmitted disease. She thereby put both the man and his wife at risk for contracting the disease without their knowledge. This transmission of the disease to the man and his wife was foreseeable, and could have been avoided. If more time had passed, then the opportunity for superseding causes or intervening events would have increased and may have attenuated her liability, but sex with his wife occurred shortly after sex with his mistress. So we know it was all within a short window of time. Mussivand v. David, 45 Ohio St. 3d 314, 321 (OH Supreme Ct. 1989).

Question 3

#3 is Correct

First of all, a physician could come in and testify as to the portion of pain and suffering that existed both pre and post car accident; thereby giving the court enough to go on in apportioning damages. The woman can show that there was a clear aggravation of her pre-existing condition; therefore, she can sue for the bills from the hospital as well as any additional or increased therapies and/or drugs that became necessary due to the car crash. Furthermore, IF the proportion of damages between the pre-existing condition and post-accident cannot be ascertained, then the negligent driver can be held liable for the full amount of damages. See, generally, Tingey v. Christensen, 987 P. 2d 588, 591-92 (UT Supreme Ct 1999); Brittis v. Freemon, 527 P. 2d 1175, 1177-78 (CO Ct. of Appeals, 1st Div. 1974). See also Rowe v. Munye, 702 NW 2d 729, 739-40 (MN Supreme Ct 2005).

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