MPRE
The MPRE is short, patterned, and easy to underestimate. Sit a full practice exam under the clock, then drill the rules that cost you points — without buying a separate ethics program.
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This is a real Contracts question from our bank
Riverside Hospital sent MedPro Supplies a signed purchase order for 5,000 disposable surgical gowns. The order said nothing about indemnity or dispute resolution. MedPro mailed back its standard confirmation, repeating quantity and price but adding an indemnity clause and a requirement that disputes be arbitrated. Both are merchants. MedPro delivered the gowns, Riverside paid, and the gowns were used. Riverside later claimed a shipment was defective and filed suit in court. MedPro demanded arbitration under its confirmation form.
In Riverside's lawsuit, is a court likely to require Riverside to arbitrate its dispute with MedPro based on the arbitration clause in MedPro's confirmation form?
Correct · D
D is correct. This transaction is a sale of goods between merchants, so the battle of the forms rules apply. Riverside's signed purchase order was the offer. MedPro's confirmation was a definite expression of acceptance. It repeated the dickered terms but added indemnity and arbitration provisions. Those are "additional terms," not part of the original offer. Between merchants, additional terms can become part of the contract only if certain conditions are met. One key limitation is that an additional term will not be incorporated if it would materially alter the contract. Clauses that change how disputes are resolved, such as mandatory arbitration provisions and broad indemnity requirements, often have significant practical and legal consequences. Courts frequently treat them as material alterations because they surprise or substantially shift risk. Here, the parties formed a contract for gowns based on the matching terms of the order and confirmation, and they performed under that contract. The arbitration clause was only a proposal for an added term. Because it is the kind of term that may materially alter the bargain, a court is unlikely to treat it as having silently become part of the contract. Riverside therefore cannot be compelled to arbitrate based solely on MedPro's boilerplate.
Rule tested
UCC § 2-207(2)
The additional terms are to be construed as proposals for addition to the contract. Between merchants such terms become part of the contract unless:
Related authority
UCC § 2-207(1)
A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms.
UCC § 2-207(2)(b)
they materially alter it; or
UCC § 2-207(3)
Conduct by both parties which recognizes the existence of a contract is sufficient to establish a contract for sale although the writings of the parties do not otherwise establish a contract. In such case the terms of the particular contract consist of those terms on which the writings of the parties agree, together with any supplementary terms incorporated under any other provisions of this Act.
What you actually get
See for yourself
A full timed ethics sitting, then a scored review of every miss. This is the whole thing, on the free plan, without a separate purchase.
A timed ethics sitting on the free plan, then the scored review of every miss.
MPRE
A complete timed sitting covering the professional responsibility rules the MPRE tests — then review every miss against the cited rule.
60 multiple-choice questions
Timed sitting
Covers regulation of the profession, client-lawyer relationship, conflicts, confidentiality, and the other heavily tested MPRE topics.
Scored review + course drill-down
See accuracy by topic, then jump into the Professional Responsibility course to fix the exact rules you missed.
The exam
A full timed ethics exam that runs under a clock and submits itself when time expires. The MPRE is short and patterned, which is exactly why people underestimate it and lose points on questions they could have recognized.
The course
Readings, importance markers, and practice at every professional-responsibility node — so a miss on the exam sends you straight into the rule that produced it instead of into a search bar.
The questions
Attorney-written, with an explanation for every answer choice and the rule each question tests. Ethics questions turn on small distinctions, so knowing why the near-miss answer fails is the whole game.
Progress
MPRE work appears in the same performance picture as the rest of your studying, so ethics does not become the subject you forgot to measure while you were busy with Contracts.
The price
Nobody should buy a second subscription to pass a two-hour ethics exam. The course and the practice exam are on the free plan; when you move on to the bar itself, the rest is already in the same account.
The MPRE covers one subject, and the full course for it is included at no cost on every plan.
Common questions
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Clear written explanations of every concept, with cited rules and comprehension checks inline.
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Attorney-written questions for every rule, with per-option explanations and rule citations.