Equitable Conversion Bait
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
- Real Property2
Example wrong choices
22005_barnabas_orchard_chapel_sheds · REAL_PROPERTY · Choice ANo, because risk of loss passed to Barnabas immediately when the contract was signed.
Why it's attractive
contradicts the jurisdiction fact
Why it's wrong
contradicts the jurisdiction fact
22005_barnabas_orchard_chapel_sheds · REAL_PROPERTY · Choice CNo, because the property no longer matched the contract description.
Why it's attractive
ignores materiality and remedy
Why it's wrong
ignores materiality and remedy
22005_barnabas_orchard_chapel_sheds · REAL_PROPERTY · Choice DNo, because risk of loss from a no-fault casualty remained with Naomi until closing.
Why it's attractive
states general risk but misses immaterial exception
Why it's wrong
states general risk but misses immaterial exception
22103_lydia_lakeside_retreat_fire · REAL_PROPERTY · Choice AYes, because the jurisdiction has rejected the doctrine of equitable conversion.
Why it's attractive
answers yes but skips the direct contract clause
Why it's wrong
answers yes but skips the direct contract clause
22103_lydia_lakeside_retreat_fire · REAL_PROPERTY · Choice BNo, because the risk of loss shifted to Peter as soon as he signed the real estate contract.
Why it's attractive
says risk shifted at signing even though the risk clause and jurisdictional fact both point away
Why it's wrong
says risk shifted at signing even though the risk clause and jurisdictional fact both point away
22103_lydia_lakeside_retreat_fire · REAL_PROPERTY · Choice DNo, because the jurisdiction does not recognize the doctrine of equitable conversion.
Why it's attractive
uses rejection of equitable conversion to reach the opposite result
Why it's wrong
uses rejection of equitable conversion to reach the opposite result
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