Warranty Covenant 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
19914_psalm_hill_olive_grove · REAL_PROPERTY · Choice ALydia, because Daniel's deed to Lydia was a valid exercise of the power of appointment created by Hannah's will.
Why it's attractive
Stem says by will; answer says deed.
Why it's wrong
Stem says by will; answer says deed.
19914_psalm_hill_olive_grove · REAL_PROPERTY · Choice BPeter, because Lydia's tendered deed did not contain a covenant of general warranty.
Why it's attractive
The contract requires marketable title; the answer talks about a warranty covenant.
Why it's wrong
The contract requires marketable title; the answer talks about a warranty covenant.
19914_psalm_hill_olive_grove · REAL_PROPERTY · Choice CLydia, because Lydia was the only person entitled to inherit from Daniel under intestacy.
Why it's attractive
The answer changes the source of title from Hannah's will to Daniel's intestacy.
Why it's wrong
The answer changes the source of title from Hannah's will to Daniel's intestacy.
22011_olive_press_appointment_deed · REAL_PROPERTY · Choice ANo, because Barnabas's deed to Lydia was a valid exercise of the power of appointment Naomi gave him.
Why it's attractive
uses a lifetime deed where the stem required a will
Why it's wrong
uses a lifetime deed where the stem required a will
22011_olive_press_appointment_deed · REAL_PROPERTY · Choice BNo, because Lydia was the only person qualified to inherit from Barnabas under intestacy law.
Why it's attractive
answers who inherits Barnabas's property, not who gets Naomi's appointive property
Why it's wrong
answers who inherits Barnabas's property, not who gets Naomi's appointive property
22011_olive_press_appointment_deed · REAL_PROPERTY · Choice DYes, because the deed Lydia tendered did not contain a covenant of general warranty.
Why it's attractive
focuses on deed promises instead of whether Lydia has title
Why it's wrong
focuses on deed promises instead of whether Lydia has title
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