Crucial Exams

Multistate Bar Examination Practice Question

A manager of a warehouse approaches an employee and convinces the employee to help break into the company's safe to steal cash during the upcoming weekend. The employee agrees but decides to back out the day before the planned theft because of guilt. The manager proceeds with the break-in alone and steals the cash. Can the manager be held liable for the agreement made with the employee, and if so, why?

  • Yes, because the agreement was formed, and the manager took steps toward the planned theft.

  • Yes, because agreements to commit illegal acts may still establish liability even when one party later withdraws.

  • No, because the employee decided to withdraw due to their last-minute decision not to participate.

  • No, because the manager committed the theft alone, affecting the relevance of the agreement to the outcome.

Multistate Bar Examination
Criminal Law and Procedure
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