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Figueroa Street • Los Angeles, CA 90017-2515 • (213) 765-1500  \nESSAY QUESTIONS AND SELECTED ANSWERS  \nJULY 2018  \nCALIFORNIA BAR EXAMINATION  \nThis publication contains the five essay questions from the July 2018 California Bar Examination and two selected answers for each question.  \nThe answers were assigned high grades and were written by applicants who passed the examination after one read. The answers were produced as submitted by the applicant, except that minor corrections in spelling and punctuation were made for ease in reading. They are reproduced here with the consent of the authors.  \nQuestion Number  Subject  \n1. Contracts  \n2. Evidence  \n3. Professional Responsibility  \n4. Community Property  \n5. Constitutional Law  \nESSAY EXAMINATION INSTRUCTIONS  \nYour answer should demonstrate your ability to analyze the facts in the question, to tell the difference between material facts and immaterial facts, and to discern the points of law and fact upon which the case turns. Your answer should show that you know and understand the pertinent principles and theories of law, their qualifications and limitations, and their relationships to each other.  \nYour answer should evidence your ability to apply the law to the given facts and to reason in a logical, lawyer-like manner from the premises you adopt to a sound conclusion. Do not merely show that you remember legal principles. Instead, try to demonstrate your proficiency in using and applying them.  \nIf your answer contains only a statement of your conclusions, you will receive little or no credit. State fully the reasons that support your conclusions, and discuss all points thoroughly.  \nYour answer should be complete, but you should not volunteer information or discuss legal doctrines that are not pertinent to the solution of the problem.  \nUnless a question expressly asks you to use California law, you should answer according to legal theories and principles of general application.  \nQUESTION 1  \nIn January, Stan, a farmer, agreed in a valid written contract to sell to Best SauceMaker Company (Best), 5,000 bushels of tomatoes on July 1, at $100 per bushel, payable upon delivery. On May 15, Stan sent Best the following e-mail:  \n“Heavy rains in March-May slowed tomato ripening. Delivery will be two weeks late.”  \nBest replied:  \n“Okay.”  \nOn May 22, an employee of Delta Bank (Delta), where Best and Stan banked, told Best that rains had damaged Stan’s tomato crops and that Stan would be unable to fulfill all his contracts. Best called Stan and asked about the banker’s comment. Stan said:  \n“Won’t know until June 10 whether I’ll have enough tomatoes for all my contracts.”  \nBest replied:  \n“We need a firm commitment by May 27, or we’ll buy the tomatoes elsewhere.”  \nStan did not contact Best by May 27. On June 3, Best contracted to buy the 5,000 bushels it needed from Agro-Farm for $110 per bushel.  \nOn June 6, Stan told Best:  \n“Worry was for nothing. I’ll be able to deliver all 5,000 bushels.”  \nBest replied:  \n“Too late. We made other arrangements. You owe us $50,000 .”  \nConcerned about quickly finding another buyer, Stan sold the 5,000 bushels to a vegetable wholesaler for $95 per bushel.  \nStan sued Best for breach of contract. Best countersued Stan for breach of contract.  \nHas Stan and/or Best breached the contract? If so, what damages might be recovered, if any, by each of them? Discuss.  \nQUESTION 1: SELECTED ANSWER A  \nApplicable Law  \nContracts for goods are governed by Title 2 of the Uniform Commercial Code. All other contracts are governed by common law.  \nGoods  \nGoods are qualified as movable, tangible objects. As this contract is for bushels of tomatoes, which are movable, tangible objects, this contract will be governed by the","cbCainW4RdirkTrZ","https://ap.wps.com/l/cbCainW4RdirkTrZ","pdf",981884,89,"English","# Essay Questions and Selected Answers\n## Essay Examination Instructions\n## Question 1 - Contracts\n## Question 1: Selected Answer A","[{\"question\":\"What skills do the essay examination instructions require from the applicant’s answer?\",\"answer\":\"The instructions emphasize analyzing facts, distinguishing material from immaterial facts, identifying points of law and fact that control the outcome, and applying legal principles through logical legal reasoning to a sound conclusion.\"},{\"question\":\"Why does the selected answer format stress more than stating conclusions?\",\"answer\":\"If an answer contains only a statement of conclusions, it receives little or no credit. The answer must state full reasons and discuss all points thoroughly.\"},{\"question\":\"What does anticipatory repudiation mean in the provided selected answer?\",\"answer\":\"Anticipatory repudiation occurs when one party clearly and unambiguously informs the other that they will not or cannot perform the required contract performance. The non-repudiating party may then treat it as a breach, rescind, suspend performance, or wait and sue when breach occurs.\"}]","California Bar Examination - Essay Questions and Selected Answers - July 2018 | PDF",1789949500,224]