Recording Red Herring
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
20487_estoppel-sheep-flock · REAL_PROPERTY · Choice ALydia, because there is no indication Barnabas recorded the bill of sale.
Why it's attractive
Recording protects against third parties, not between grantor and grantee. This choice answers a different question.
Why it's wrong
Recording protects against third parties, not between grantor and grantee. This choice answers a different question.
20487_estoppel-sheep-flock · REAL_PROPERTY · Choice BLydia, because she did not own the sheep when she sold them to Barnabas.
Why it's attractive
Yes, Lydia didn't own the sheep — but that's exactly what triggers estoppel by deed when she later reacquires them. The true fact doesn't lead to the conclusion this choice draws.
Why it's wrong
Yes, Lydia didn't own the sheep — but that's exactly what triggers estoppel by deed when she later reacquires them. The true fact doesn't lead to the conclusion this choice draws.
20487_estoppel-sheep-flock · REAL_PROPERTY · Choice DBarnabas, because Lydia's sale to Barnabas was fraudulent.
Why it's attractive
Nothing in the facts supports fraud. No false statement, no intent to deceive. This choice invents a legal theory the facts don't support.
Why it's wrong
Nothing in the facts supports fraud. No false statement, no intent to deceive. This choice invents a legal theory the facts don't support.
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