Doctrine Confusion
This trap appears as a wrong-answer choice in 3 active questions. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Contracts1
- CRIMINAL1
- Real Property1
Example wrong choices
14920_farmstead · REAL_PROPERTY · Choice ANo, because the quoted provision is an enforceable restrictive covenant that runs with the land.
Why it's attractive
Correct conclusion but misidentifies the doctrine
Why it's wrong
Correct conclusion but misidentifies the doctrine
14920_farmstead · REAL_PROPERTY · Choice CYes, because the farmer's warranty deed conveyed a fee simple absolute and the farmer cannot derogate from his own grant.
Why it's attractive
Misapplies derogation doctrine to an inherent feature of the estate
Why it's wrong
Misapplies derogation doctrine to an inherent feature of the estate
14920_farmstead · REAL_PROPERTY · Choice DYes, because a charitable trust to support religious education will attach to the sale proceeds.
Why it's attractive
Confuses right to sell with obligation to deliver marketable title
Why it's wrong
Confuses right to sell with obligation to deliver marketable title
19167_canyon-picnic · CRIMINAL · Choice CNecessity fails because only human threats can create necessity
Why it's attractive
It confuses necessity with duress by making the source of danger dispositive.
Why it's wrong
It confuses necessity with duress by making the source of danger dispositive.
22589_concert-ad-frustration · CONTRACTS · Choice ANo, because the contract did not specifically state the advertisement would run during the concert.
Why it's attractive
Performance is literally possible; impossibility requires the duty itself cannot be performed
Why it's wrong
Performance is literally possible; impossibility requires the duty itself cannot be performed
22589_concert-ad-frustration · CONTRACTS · Choice CYes, because there was nothing preventing the network from running the advertisement at the agreed time.
Why it's attractive
The ad can air, but the question is whether the purpose survives — it doesn't
Why it's wrong
The ad can air, but the question is whether the purpose survives — it doesn't
22589_concert-ad-frustration · CONTRACTS · Choice DYes, since the understanding that the ad would run during the concert was not in the written contract.
Why it's attractive
Frustration of purpose looks to basic assumptions, not just the written contract
Why it's wrong
Frustration of purpose looks to basic assumptions, not just the written contract
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