Material Reliance
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
14485_calligraphy_parcel · CONTRACTS · Choice Bwin, because Ruth failed to seasonably notify Paul of the pending sale to Naomi.
Why it's attractive
The answer adds a seasonable-notice requirement not supplied by the Gold Key.
Why it's wrong
The answer adds a seasonable-notice requirement not supplied by the Gold Key.
14485_calligraphy_parcel · CONTRACTS · Choice Close, because Ruth's acceptance of Paul's purchase-price tender was a concurrent condition to Ruth's duty to convey the parcel on October 15.
Why it's attractive
The choice talks about ordinary closing exchange instead of the earlier retraction cutoff.
Why it's wrong
The choice talks about ordinary closing exchange instead of the earlier retraction cutoff.
14485_calligraphy_parcel · CONTRACTS · Choice Dwin, because Ruth waived Paul's March 4 repudiation by asking him on March 22 to reconsider and close as scheduled.
Why it's attractive
The answer converts Ruth's request to reconsider into waiver.
Why it's wrong
The answer converts Ruth's request to reconsider into waiver.
14490_ruth_embroidery_waiver · CONTRACTS · Choice ANo, because the contract's no-written-change clause was unconscionable as against an amateur pattern designer.
Why it's attractive
The stem gives conduct and reliance facts, not formation unfairness facts.
Why it's wrong
The stem gives conduct and reliance facts, not formation unfairness facts.
14490_ruth_embroidery_waiver · CONTRACTS · Choice CYes, because the contract's no-written-change clause was not expressly waived by the company.
Why it's attractive
It treats the absence of an express signed waiver as the whole case and ignores conduct plus reliance.
Why it's wrong
It treats the absence of an express signed waiver as the whole case and ignores conduct plus reliance.
14490_ruth_embroidery_waiver · CONTRACTS · Choice DYes, because the contract's no-written-change clause was a material part of the agreed exchange and could not be avoided without new consideration.
Why it's attractive
It answers as if Ruth must prove a new modification, but the useful route is waiver after reliance.
Why it's wrong
It answers as if Ruth must prove a new modification, but the useful route is waiver after reliance.
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