How should I use this Contracts ranking page?

Use it to decide review order, not as a substitute for practice. Start with the first two or three topics, then reinforce them with timed multiple-choice work.

Does "most tested" mean the lower-ranked topics are unimportant?

No. It means the higher-ranked topics deserve earlier and more frequent review because they trigger more downstream issues and more repeat appearances across mixed sets.

Most tested

Most Tested MBE Contracts Topics | BarPrepPlay

This page ranks the contracts issues that repeatedly decide MBE performance so your review time goes to formation, UCC crossover, remedies, and classic exam traps first.

Last reviewedMay 26, 2026Study formatTopic-ranking page

Overview

This page ranks the contracts issues that repeatedly decide MBE performance so your review time goes to formation, UCC crossover, remedies, and classic exam traps first.

1. Offer & Acceptance

Very High frequency

OFFER: Manifestation of willingness to enter bargain, creating power of acceptance. Ads usually invitations unless specific (reward, first-come). TERMINATION: Rejection, counteroffer, lapse, revocation (effective on receipt), death. FIRM OFFER (UCC): Merchant's signed written offer to keep open is irrevocable up to 3 months without consideration. OPTION: Irrevocable if supported by consideration. ACCEPTANCE: Mirror image (CL) vs battle of forms (UCC 2-207). MAILBOX RULE: Acceptance effective on dispatch; rejection/revocation effective on receipt. Doesn't apply to options or if offer says otherwise.

HYPO: Seller offers to sell goods for $5,000. Buyer mails acceptance Monday. Seller mails revocation Monday (before receiving acceptance). Buyer receives revocation Tuesday. Seller receives acceptance Wednesday. Contract? ANALYSIS: Apply MAILBOX RULE. Acceptance is effective when DISPATCHED (Monday). Revocation is effective when RECEIVED (Tuesday). Acceptance was effective BEFORE revocation was received. RESULT: Contract formed Monday when acceptance was mailed. Seller's revocation came too late.

Exam shortcut: Mailbox rule; firm offers; revocation

Section sources

UCC Section 2-201 UCC Section 2-207 Restatement (Second) of Contracts Section 24

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Primary law and source anchors

UCC Section 2-201 The Statute of Frauds for goods priced at $500 or more, including merchant-confirmation mechanics.
UCC Section 2-207 Formation and additional-term rules for battle-of-the-forms disputes between merchants.
Restatement (Second) of Contracts Section 24 Core definition of an offer and the power of acceptance.

Study note

BarPrepPlay publishes these pages as supplemental study resources, not as an official NCBE or jurisdiction product. Use them to make your next practice session sharper, not to replace full-source reading.