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MBE Prep Guide Sample Test Question:

Contract Law

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Multi-State Bar Exam GuieMulti-State Bar Exam Guide-volume I- Torts, Contracts and Criminal Law

Polly is a world-class opera singer. She signs an agreement with Demetrius to appear in his company's production of La Boheme in exchange for $25,000. The contract includes an agreement that Polly may not appear in any competing productions during the time that she has contracted to train for and appear in La Boheme. Two weeks later, Polly is offered the starring role in La Traviatta. Believing that this offer will give her the role of a lifetime, Polly informs Demetrius that she will not be able to appear in his show, but that her friend, Francesca, will be happy to do it. Francesca is a talented opera singer. Demetrius informs Polly that, under the terms of her contract, she may not appear in the other show, regardless of whether she actually performs in La Boheme. Polly files suit for a declaratory judgment that the agreement is unenforceable. What is the likely outcome?

  1. The agreement is unenforceable, because Polly found a similar singer to appear in her place so that the show could go on.
  2. The agreement is enforceable, because Polly's skills as an opera singer are considered to be unique.
  3. The agreement is unenforceable, if La Traviatta provides Polly with better exposure than she would have received from La Boheme.
  4. The agreement is enforceable, if the shows are being performed in the same city.

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