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	<title>Comments on: MBE Question of the Day #50</title>
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	<link>http://barexambrief.com/2010/02/16/mbe-question-of-the-day-50/</link>
	<description>All things related to studying for and passing the bar exam, brought to you by the staff of MicroMash Bar Review</description>
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		<title>By: Maryann Herman</title>
		<link>http://barexambrief.com/2010/02/16/mbe-question-of-the-day-50/comment-page-1/#comment-984</link>
		<dc:creator>Maryann Herman</dc:creator>
		<pubDate>Thu, 18 Feb 2010 16:01:37 +0000</pubDate>
		<guid isPermaLink="false">http://barexambrief.com/?p=1004#comment-984</guid>
		<description>Answer C is correct. The contract concerning testamentary dispositions between the husband and the wife is valid and can be best enforced by a constructive trust of all of the assets of the husband&#039;s estate if he dies without complying with the contract.

Answer A is incorrect. Even if the wife&#039;s estate cannot recover damages because it has not suffered any damage at this time, but that would not preclude it from bringing suit later to specifically enforce the contract. Answer A is incorrect, because it does not acknowledge the other forms of relief available.

Answer B is incorrect. Money damages recovered by the wife&#039;s estate do not benefit the son. Instead, any money collected by the wife&#039;s estate would go right back to the husband under the terms of the wife&#039;s will. Moreover, the remedy that the wife seeks is that the husband shall leave his property to the son, which can be better enforced by an injunction or the imposition of a constructive trust.

Answer D is incorrect. A contracting party to a third-party beneficiary contract has a right to sue to enforce the contract, even if performance is not intended to benefit the contracting party personally, but a third-party beneficiary instead.</description>
		<content:encoded><![CDATA[<p>Answer C is correct. The contract concerning testamentary dispositions between the husband and the wife is valid and can be best enforced by a constructive trust of all of the assets of the husband&#8217;s estate if he dies without complying with the contract.</p>
<p>Answer A is incorrect. Even if the wife&#8217;s estate cannot recover damages because it has not suffered any damage at this time, but that would not preclude it from bringing suit later to specifically enforce the contract. Answer A is incorrect, because it does not acknowledge the other forms of relief available.</p>
<p>Answer B is incorrect. Money damages recovered by the wife&#8217;s estate do not benefit the son. Instead, any money collected by the wife&#8217;s estate would go right back to the husband under the terms of the wife&#8217;s will. Moreover, the remedy that the wife seeks is that the husband shall leave his property to the son, which can be better enforced by an injunction or the imposition of a constructive trust.</p>
<p>Answer D is incorrect. A contracting party to a third-party beneficiary contract has a right to sue to enforce the contract, even if performance is not intended to benefit the contracting party personally, but a third-party beneficiary instead.</p>
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		<title>By: Steve</title>
		<link>http://barexambrief.com/2010/02/16/mbe-question-of-the-day-50/comment-page-1/#comment-983</link>
		<dc:creator>Steve</dc:creator>
		<pubDate>Thu, 18 Feb 2010 15:33:27 +0000</pubDate>
		<guid isPermaLink="false">http://barexambrief.com/?p=1004#comment-983</guid>
		<description>C. even though new wife may have legal title, the court can give equitable title to son.  Like &#039;may&#039;, anything may happen. Also, the will is a contract with the first wife.</description>
		<content:encoded><![CDATA[<p>C. even though new wife may have legal title, the court can give equitable title to son.  Like &#8216;may&#8217;, anything may happen. Also, the will is a contract with the first wife.</p>
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	<item>
		<title>By: Wrelyea</title>
		<link>http://barexambrief.com/2010/02/16/mbe-question-of-the-day-50/comment-page-1/#comment-980</link>
		<dc:creator>Wrelyea</dc:creator>
		<pubDate>Thu, 18 Feb 2010 02:12:36 +0000</pubDate>
		<guid isPermaLink="false">http://barexambrief.com/?p=1004#comment-980</guid>
		<description>Answer C, because the court can impose an equitable remedy by creating a constructive trust. The bank acting as the executor may act on behalf of the wife to transfer the title and possession to the intended beneficiary (the son).</description>
		<content:encoded><![CDATA[<p>Answer C, because the court can impose an equitable remedy by creating a constructive trust. The bank acting as the executor may act on behalf of the wife to transfer the title and possession to the intended beneficiary (the son).</p>
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	<item>
		<title>By: kb</title>
		<link>http://barexambrief.com/2010/02/16/mbe-question-of-the-day-50/comment-page-1/#comment-978</link>
		<dc:creator>kb</dc:creator>
		<pubDate>Thu, 18 Feb 2010 00:22:51 +0000</pubDate>
		<guid isPermaLink="false">http://barexambrief.com/?p=1004#comment-978</guid>
		<description>C</description>
		<content:encoded><![CDATA[<p>C</p>
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	<item>
		<title>By: shahin</title>
		<link>http://barexambrief.com/2010/02/16/mbe-question-of-the-day-50/comment-page-1/#comment-976</link>
		<dc:creator>shahin</dc:creator>
		<pubDate>Wed, 17 Feb 2010 20:04:22 +0000</pubDate>
		<guid isPermaLink="false">http://barexambrief.com/?p=1004#comment-976</guid>
		<description>C</description>
		<content:encoded><![CDATA[<p>C</p>
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	<item>
		<title>By: mimi</title>
		<link>http://barexambrief.com/2010/02/16/mbe-question-of-the-day-50/comment-page-1/#comment-975</link>
		<dc:creator>mimi</dc:creator>
		<pubDate>Wed, 17 Feb 2010 19:21:54 +0000</pubDate>
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		<description>answer C</description>
		<content:encoded><![CDATA[<p>answer C</p>
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	<item>
		<title>By: RK</title>
		<link>http://barexambrief.com/2010/02/16/mbe-question-of-the-day-50/comment-page-1/#comment-974</link>
		<dc:creator>RK</dc:creator>
		<pubDate>Wed, 17 Feb 2010 18:12:40 +0000</pubDate>
		<guid isPermaLink="false">http://barexambrief.com/?p=1004#comment-974</guid>
		<description>C is the best answer.  The son, is the intended beneficiary of the contract between Husband and Wife.  However, Husband has not died yet, so that contract has not become effective.  If Husband does not change his will and then dies, then the bank may issue a constructive trust on Husband&#039;s estate in order to prevent the high school sweetheart from gaining the husband&#039;s estate from the intended beneficiary.</description>
		<content:encoded><![CDATA[<p>C is the best answer.  The son, is the intended beneficiary of the contract between Husband and Wife.  However, Husband has not died yet, so that contract has not become effective.  If Husband does not change his will and then dies, then the bank may issue a constructive trust on Husband&#8217;s estate in order to prevent the high school sweetheart from gaining the husband&#8217;s estate from the intended beneficiary.</p>
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	<item>
		<title>By: gmevans</title>
		<link>http://barexambrief.com/2010/02/16/mbe-question-of-the-day-50/comment-page-1/#comment-973</link>
		<dc:creator>gmevans</dc:creator>
		<pubDate>Wed, 17 Feb 2010 17:22:49 +0000</pubDate>
		<guid isPermaLink="false">http://barexambrief.com/?p=1004#comment-973</guid>
		<description>The answer is C.  There was a will as well as a contract agreement between the husband and wife to not change the dispositions in their will.  Husband broke that contract and the bank (as executor) can sue on behalf of the Wife who is not able to do so herself (breach of contract).</description>
		<content:encoded><![CDATA[<p>The answer is C.  There was a will as well as a contract agreement between the husband and wife to not change the dispositions in their will.  Husband broke that contract and the bank (as executor) can sue on behalf of the Wife who is not able to do so herself (breach of contract).</p>
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		<title>By: BV</title>
		<link>http://barexambrief.com/2010/02/16/mbe-question-of-the-day-50/comment-page-1/#comment-972</link>
		<dc:creator>BV</dc:creator>
		<pubDate>Wed, 17 Feb 2010 17:14:21 +0000</pubDate>
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		<description>I like C here.  Husband&#039;s revocation of the will is effective.  However, (at his death) it would be a breach of the contract (agreement) signed by husband and wife.  A constructive trust would prevent the unjust enrichment of high school sweetheart.</description>
		<content:encoded><![CDATA[<p>I like C here.  Husband&#8217;s revocation of the will is effective.  However, (at his death) it would be a breach of the contract (agreement) signed by husband and wife.  A constructive trust would prevent the unjust enrichment of high school sweetheart.</p>
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	<item>
		<title>By: LDL</title>
		<link>http://barexambrief.com/2010/02/16/mbe-question-of-the-day-50/comment-page-1/#comment-971</link>
		<dc:creator>LDL</dc:creator>
		<pubDate>Wed, 17 Feb 2010 17:12:08 +0000</pubDate>
		<guid isPermaLink="false">http://barexambrief.com/?p=1004#comment-971</guid>
		<description>I tentatively think D, because the son is the proper plaintiff. In the alternative, I think A because it&#039;s the son who suffered damage.</description>
		<content:encoded><![CDATA[<p>I tentatively think D, because the son is the proper plaintiff. In the alternative, I think A because it&#8217;s the son who suffered damage.</p>
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