Wrong Remedy
This trap appears as a wrong-answer choice in 23 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
- CRIMINAL8
- Contracts4
- Real Property4
- Evidence3
- Torts2
- Civil Procedure1
- Constitutional Law1
Example wrong choices
first 2014150_livestock_trailer_rancher · CIVIL_PROCEDURE · Choice AYes, because the manufacturer and service center were misjoined and dismissal is the proper remedy.
Why it's wrong
Choice A is not the credited answer for this item.
14150_livestock_trailer_rancher · CIVIL_PROCEDURE · Choice BNo, because the manufacturer and service center were not misjoined and no basis for dismissal exists.
Why it's wrong
Choice B is not the credited answer for this item.
14150_livestock_trailer_rancher · CIVIL_PROCEDURE · Choice DYes, because the manufacturer may not be held liable for the actions of the service center.
Why it's wrong
Choice D is not the credited answer for this item.
14425_accommodating-shipment · CONTRACTS · Choice BBarnabas may accept the maple, in which case he must pay Timothy the full price, less any damages sustained because of the nonconforming shipment, or he must reject the maple and recover from Timothy for total breach of contract.
Why it's attractive
choice assumes Timothy breached by shipping nonconforming goods but ignores the accommodation notice
Why it's wrong
choice assumes Timothy breached by shipping nonconforming goods but ignores the accommodation notice
14497_ruth_psalm_market_cart · CONTRACTS · Choice ARuth was required to accept the cart, because the defect could be readily cured.
Why it's attractive
A curable defect does not make the buyer accept the nonconforming tender.
Why it's wrong
A curable defect does not make the buyer accept the nonconforming tender.
14497_ruth_psalm_market_cart · CONTRACTS · Choice CRuth was required to accept the cart, because the defect did not substantially impair its value.
Why it's attractive
The question is initial rejection, not revocation after acceptance.
Why it's wrong
The question is initial rejection, not revocation after acceptance.
14497_ruth_psalm_market_cart · CONTRACTS · Choice DRuth had a right to reject the cart and cancel the contract under the perfect tender rule.
Why it's attractive
The rejection piece is right; the cancellation piece ignores cure before the deadline.
Why it's wrong
The rejection piece is right; the cancellation piece ignores cure before the deadline.
14506_lydia_rooftop_loft · CONTRACTS · Choice ANo, because Mary breached by failing to tender the deed and possession on March 4.
Why it's attractive
It proves a breach but not that the breach ends the whole deal.
Why it's wrong
It proves a breach but not that the breach ends the whole deal.
14506_lydia_rooftop_loft · CONTRACTS · Choice BNo, because Mary has an adequate remedy at law for money damages.
Why it's attractive
This requires the land-specific performance Gold Key.
Why it's wrong
This requires the land-specific performance Gold Key.
14506_lydia_rooftop_loft · CONTRACTS · Choice CYes, because the court will excuse Mary's late tender as temporary impossibility caused by Lydia's wrongful holdover.
Why it's attractive
It answers through excuse doctrine instead of partial breach/time-not-essential.
Why it's wrong
It answers through excuse doctrine instead of partial breach/time-not-essential.
14560_death_qualified_choir · CRIMINAL · Choice AAffirm the conviction, but reverse the death sentence and remand for a new sentencing hearing before a different jury.
Why it's attractive
keeps conviction but assumes sentence must be redone
Why it's wrong
keeps conviction but assumes sentence must be redone
14560_death_qualified_choir · CRIMINAL · Choice BReverse both.
Why it's attractive
reverses more than the only argument can reach
Why it's wrong
reverses more than the only argument can reach
14560_death_qualified_choir · CRIMINAL · Choice DAffirm the conviction, but reverse the death sentence and remand for resentencing to life in prison.
Why it's attractive
creates a remedy the call never supports
Why it's wrong
creates a remedy the call never supports
14694_factual-impossibility-hunter · CRIMINAL · Choice BNot guilty of attempted murder, but guilty of assault.
Why it's attractive
The call asks about attempted murder. A choice that says 'not guilty of attempted murder but guilty of assault' is answering a different question — it concedes the premise and pivots to a lesser charge.
Why it's wrong
The call asks about attempted murder. A choice that says 'not guilty of attempted murder but guilty of assault' is answering a different question — it concedes the premise and pivots to a lesser charge.
14995_olive-press-workshop · REAL_PROPERTY · Choice CLydia, because Timothy breached his fiduciary duty as her joint tenant.
Why it's attractive
Reads Timothy's nondisclosure as a breach of a duty owed to Lydia, then leaps to forfeiture of Timothy's interest as the remedy; at common law, joint tenants owe no fiduciary duty to one another and the remedy for a cotenant's misconduct is accounting/partition, not forfeiture.
Why it's wrong
Reads Timothy's nondisclosure as a breach of a duty owed to Lydia, then leaps to forfeiture of Timothy's interest as the remedy; at common law, joint tenants owe no fiduciary duty to one another and the remedy for a cotenant's misconduct is accounting/partition, not forfeiture.
15012 · REAL_PROPERTY · Choice Dthe owner of Building 2, because he has a right to take whatever action is necessary to protect himself from possible tort liability to persons using the stairway.
Why it's attractive
D says 'whatever action is necessary.' That is an overclaim. Easement repair rights are limited, not unlimited self-help.
Why it's wrong
D says 'whatever action is necessary.' That is an overclaim. Easement repair rights are limited, not unlimited self-help.
15026_solar-barn · REAL_PROPERTY · Choice AAward Peter damages measured by the increased operating costs, but not an injunction.
Why it's attractive
No property right + no tort = no remedy at all, not even damages
Why it's wrong
No property right + no tort = no remedy at all, not even damages
15026_solar-barn · REAL_PROPERTY · Choice BGrant Peter the requested injunction.
Why it's attractive
No easement, no covenant, no statute → no right to sunlight → no injunction
Why it's wrong
No easement, no covenant, no statute → no right to sunlight → no injunction
15100_naomi-pickup · TORTS · Choice A$3,000.
Why it's wrong
Choice A is not the credited answer for this item.
15100_naomi-pickup · TORTS · Choice B$3,000 plus damages for the loss of the use of the truck during its repair.
Why it's wrong
Choice B is not the credited answer for this item.
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