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Source Formation Complete Virginia Bar Exam Topic Index List Matched to this deck.

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After a deal breaks down, one party sues for relief and the other resists enforcement. A seller promised to keep an offer open while the buyer made costly preparations. The record contains both written proof and disputed oral testimony. The parties disagree about the legal effect of those facts. Which answer gives the best resolution?

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The court should resolve the dispute by applying the operative rule to the material facts: The answer should identify the governing rule for Defenses to Formation and apply it to the operative facts. Treat the formal label attached to the claim or defense as conclusive and disregard facts bearing on the rule's elements. Stop the analysis once the proponent states a plausible rule, without addressing the strongest counterargument. Import a rule from a nearby issue instead of applying the rule triggered by these facts.

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