Dominant Trap Inherited
This trap appears as a wrong-answer choice in 2 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
- Contracts2
Example wrong choices
14447_jericho_trumpet_deposit · CONTRACTS · Choice AReliance by the promisee on a promise to make a future gift does not make the promise enforceable unless that reliance also results in an economic benefit to the promisor.
Why it's attractive
The choice adds a condition not in the Gold Key gate list.
Why it's wrong
The choice adds a condition not in the Gold Key gate list.
14447_jericho_trumpet_deposit · CONTRACTS · Choice CA promise to make a gift in the future is not enforceable.
Why it's attractive
The absolute deletes the reliance exception taught by the Gold Key.
Why it's wrong
The absolute deletes the reliance exception taught by the Gold Key.
14447_jericho_trumpet_deposit · CONTRACTS · Choice DReliance by the promisee on a promise to make a future gift does not make the promise enforceable unless the value of the promised gift is substantially equivalent to the promisee's loss by reliance.
Why it's attractive
The choice turns the injustice standard into a made-up math match.
Why it's wrong
The choice turns the injustice standard into a made-up math match.
14525_jonah_fish_escape · CONTRACTS · Choice Areversed, because the test for limiting damages is what the breaching party could reasonably have foreseen at the time of the breach.
Why it's attractive
The choice reverses but attacks foreseeability at breach, while the quoted defect is the categorical new-business-profit bar.
Why it's wrong
The choice reverses but attacks foreseeability at breach, while the quoted defect is the categorical new-business-profit bar.
14525_jonah_fish_escape · CONTRACTS · Choice Caffirmed, because the trial court stated the law correctly.
Why it's attractive
Gold Key kills it: the instruction's categorical bar is not the modern rule.
Why it's wrong
Gold Key kills it: the instruction's categorical bar is not the modern rule.
14525_jonah_fish_escape · CONTRACTS · Choice Daffirmed, because the issue of damages for breach of contract was solely a jury question.
Why it's attractive
The word 'solely' is the tell; damages can have jury fact issues, but legal instructions are reviewable.
Why it's wrong
The word 'solely' is the tell; damages can have jury fact issues, but legal instructions are reviewable.
Practice the questions that use this trap as a distractor and get full Wrong Answer Forensics on submit.
Practice questions using this trap →