Taking the MPRE in March? Enroll in our FREE MPRE Course to access our outline, one-sheet, lecture videos, 300+ practice questions, and more! If you’re looking for more help, consider purchasing released MPRE questions or MPRE tutoring! Excelled at the Bar Exam? Share Your Success! JD Advising is seeking topperforming attorneys for flexible tutoring positions. Transform your expertise into extra income. Learn more and apply now at JD Advising Employment. Need a prep course for the July 2024 bar exam? Whether you’re a first time taker, a repeat taker, an LLM graduate, or looking for a pass guarantee, we have the course for you! Torts—Highly Tested MBE Topics, Charts, and a Checklist! 0 Comments / in Bar Exam Free MBE Guide Introduction MBE Guide— Part 1: The Strategy Topic 1: What is the MBE? Topic 2: How Is the MBE Scored Topic 3: MBE Frequency Chart Torts—Highly Tested MBE Topics, Charts, and a Checklist! 1. Negligence There are four elements in a negligence action: duty, breach, cause, and harm. A plainti! must prove all four in order to recover in a negligence action. Duty Topic 4: Boost Your MBE Score Topic 5: Memorize the Law Topic 6: How to Read and Answer an MBE Question Topic 7: Try It out! Topic 8: Released MBE Questions Topic 9: MBE Timing Tips, Scantron Strategy MBE Guide— Part 2: The Substance Civil Procedure Constitutional Law Contracts & Sales Criminal Law & Procedure Evidence Real Property Torts Download the Guide Owed to foreseeable plainti"s. Consider physical aspects but not mental ones. Standard of care = reasonableness Exception: child—look to a child of similar age, experience, intelligence. (There is an exception to the exception if the child is engaged in an adult activity!) Exception: professional malpractice —look only to custom. Exception: premises liability Undiscovered trespassers are owed no duty. Discovered trespassers—land possessor must warn of or make safe unreasonably dangerous artificial conditions that they know of. Licensees—land possessor must warn of or make safe dangers they know of. Invitees—land possessor must warn of or make safe dangers they know or should know of. ***Duty to inspect exists! Exception: Negligence per se (right person, right injury). Plainti" can prove duty and breach if they can show that defendant violated a statute without excuse and caused the particular harm the statute was trying to protect against a particular person the statute was trying to protect. Breach Res ipsa loquitur: if plainti" can show that it was probably the defendant who was probably negligent, plainti" can make a case to get to the jury. Cause Actual cause: plainti" must show the harm would not have occurred if the defendant did not breach his duty in order to prove actual cause. Proximate cause: Plainti" must show the harm was foreseeable. Things like rescuers, subsequent diseases, subsequent malpractice, etc. are all considered foreseeable. Harm Plainti" must prove actual damages. Nominal and punitive damages are not recoverable. Pure comparative negligence applies on the MBE. 2. Torts Involving Negligence Negligent infliction of emotional distress (NIED): Defendant is negligent, and plainti" has not su"ered any actual physical trauma to his body. Zone of danger: defendant is negligent, plainti" is in the zone of danger, and plainti"’s emotional distress manifests itself in physical symptoms. Bystander case: plainti" witnesses a negligent injury that is inflicted on a person closely related to plainti! and plainti" su"ers physical symptoms from emotional distress. Special cases: doctor-patient, erroneous reports of relative’s death, mishandling of a corpse A"rmative defenses to negligence Contributory negligence Comparative negligence (pure comparative negligence is the default on the MBE) Assumption of the risk 3. Intentional Torts The key for the intentional torts is intent. If the defendant does not have the intent to engage in the behavior, then there can be no intentional tort. Battery (act with intent to cause contact or apprehension, contact occurs) Assault (same apprehension occurs) as above except False imprisonment Intentional infliction of emotional distress: (mnemonic = RES) (defendant recklessly or intentionally engages in extreme or outrageous conduct and severe emotional distress results) As compared with negligent infliction of emotional distress: (negligent injury, someone is in the zone of danger or sees a close family member get hurt, and su"ers a physical manifestation) Trespass to land (the intentional physical invasion of the land of another) Trespass to chattels or conversion (Defendant intentionally interferes with the property of another and damage results. Trespass = minor damage. Conversion = major damage.) A"rmative defenses to intentional torts Consent Self-defense Necessity (Public or private. For a private necessity, plainti" must show unique harm.) 4. Other Torts Defamation (for a private figure, the plainti" needs to show at least negligence; for public figure, plainti" needs to show malice): Note that the statement must be untrue for a plainti" to win a defamation lawsuit. Privacy torts (mnemonic = FAID) False light (widely disseminating info that is true but puts plainti" in false light) Appropriation (using someone’s name/likeness for commercial benefit) Intrusion (intruding on a reasonable expectation of privacy) Disclosure (widely confidential information disseminating Strict liability torts Wild animals (includes bears, tigers, lions, bobcats, killer bees, monkeys, and skunks; this list is not exhaustive) (does not include domestic animals or farm animals) Abnormally dangerous activities Strict products liability Applies when the defendant is a merchant, the product is defective (manufacturing defect, design defect, or lack of warning/instructions), and plainti" makes foreseeable use of the product. On the MBE, the plainti" may sue everyone in the chain of distribution. Nuisance: a substantial and unreasonable interference with the plainti"’s use and enjoyment of his land. 5. Multiple Defendant Issues Employers can be vicariously liable for the torts of their employees. Principals are not usually liable for the torts of independent contractors unless it is a nondelegable duty (i.e., concerning safety, like keeping the premises safe). Joint and several liability applies on the MBE. The plainti" may sue either or both defendants for the full amount of damages (but can only recover once). Indemnity is when one defendant seeks 100% of the damages from the “actively negligent” or guilty party (e.g., an employer can seek it from his employee). Contribution: defendant seeks to be paid his or her share of damages from a liable co-defendant. [https://jdadvising.com/wpcontent/uploads/2022/05/Torts-Checklist.png] Go to the next topic, Download the Guide! [https://jdadvising.com/download-the-mbe-guide/] [https://jdadvising.com/24557-2/] Seeking MBE Assistance? Seeking MBE Assistance? 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Tags: bar exam, MBE Related posts Study Strategies NextGen Bar MPT Frequently for Bar Exam Exam vs. UBE Asked Retakers with Subject Matter Questions Busy Lives on The New Bar Exam 0 REPLIES © 2024 JD Advising By using this site, you allow the use of cookies, and you acknowledge that you have read and understand our Privacy Policy and Terms of Service. I AGREE PRIVACY SETTINGS Cookie and Privacy Settings How we use cookies We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website. Click on the di"erent category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to o"er. 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