Overview
Our free Contracts notes cover everything you need to know for the NCBE Multistate Bar Examination (MBE). From contract formation, defenses to enforceability, to remedies and third-party rights, we've got you covered. Whether you're intensively reviewing or looking to solidify specific concepts, these notes provide added peace of mind, knowing that you have a comprehensive resource to help consolidate and revise effectively for the MBE. Think something could be better? Give us a shout on our contact page, and we'll take a look.
We've created detailed study guides for all NCBE MBE topics. Check out our other free notes below:
- Civil Procedure
- Constitutional Law
- Contracts
- Criminal Law and Procedure
- Evidence
- Real Property
- Torts
1. Formation of contracts
- Mutual assent (including offer and acceptance, and unilateral, bilateral, and implied-in-fact contracts)
- Indefiniteness and absence of terms
- Consideration (bargained-for exchange)
- Obligations enforceable without a bargained-for exchange (including reliance and restitution)
- Modification of contracts
2. Defenses to enforceability
- Incapacity to contract
- Duress and undue influence
- Mistake and misunderstanding
- Fraud, misrepresentation, and nondisclosure
- Illegality, unconscionability, and public policy
- Statute of frauds
3. Contract content and meaning
4. Performance, breach, and discharge
- Conditions (express and constructive)
- Excuse of conditions
- Breach (including material and partial breach, and anticipatory repudiation)
- Obligations of good faith and fair dealing
- Express and implied warranties in sale-of-goods contracts
- Other performance matters (including cure, identification, notice, and risk of loss)
- Impossibility, impracticability, and frustration of purpose
- Discharge of duties (including accord and satisfaction, substituted contract, novation, rescission, and release)
5. Remedies
- Expectation interest (including direct, incidental, and consequential damages)
- Causation, certainty, and foreseeability
- Liquidated damages and penalties, and limitation of remedies
- Avoidable consequences and mitigation of damages
- Rescission and reformation
- Specific performance and injunction
- Reliance and restitution interests
- Remedial rights of breaching parties