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Damages Distraction

This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”

Subject distribution

  • Real Property1

Example wrong choices

  • 18432_ruth_cottage_handoff · REAL_PROPERTY · Choice ARuth, because she made a reasonable effort to comply with the terms of the contract.

    Why it's attractive

    The answer treats slight delay and otherwise correct performance as enough, but the stem says the date was essential.

    Why it's wrong

    The answer treats slight delay and otherwise correct performance as enough, but the stem says the date was essential.

  • 18432_ruth_cottage_handoff · REAL_PROPERTY · Choice BDaniel, because the phrase 'time is of the essence' alone is enough to make the stated closing date essential.

    Why it's attractive

    The answer latches onto 'time is of the essence,' but the best reason ties the date to the contemplated immediate move-in.

    Why it's wrong

    The answer latches onto 'time is of the essence,' but the best reason ties the date to the contemplated immediate move-in.

  • 18432_ruth_cottage_handoff · REAL_PROPERTY · Choice DRuth, because there was no indication that a closing after September 30 would cause damages to Daniel.

    Why it's attractive

    The answer asks whether Daniel proved damages, but the right to reject a late tender after an essential date is not a damages test.

    Why it's wrong

    The answer asks whether Daniel proved damages, but the right to reject a late tender after an essential date is not a damages test.

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