Torts MBE Questions For Exam Latest
Version with Certified Solutions
A person is liable for **battery** if they:
✔✔A. Intentionally cause harmful or offensive contact with another person
B. Accidentally cause harm through negligence
C. Are reckless but do not intend to harm
D. Fail to act to prevent harm to another
Which of the following is **not** an element of negligence?
✔✔A. Intent
B. Duty of care
C. Breach of duty
D. Causation
A defendant is not liable for an intentional tort if they acted under:
A. Duress
✔✔B. Consent
C. Provocation
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,D. Negligence
A person who is injured while trespassing on someone else's property may recover damages:
✔✔A. Only if the property owner acted willfully or recklessly
B. Always, if the injury was foreseeable
C. Never, because they were trespassing
D. Only for injuries caused by a dangerous condition that was hidden
If a person unintentionally causes harm to another while acting recklessly, this would most likely
result in:
A. Battery
✔✔B. Negligence
C. Strict liability
D. Intentional infliction of emotional distress
Which of the following would **not** be considered a defense to a claim of defamation?
✔✔A. The statement was true
B. The statement was made with malice
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,C. The statement was made in a privileged setting
D. The statement was made as an opinion
A person who uses a reasonable amount of force to defend themselves from an imminent threat
is likely to be:
A. Liable for assault
✔✔B. Justified in using self-defense
C. Liable for battery
D. Liable for false imprisonment
In a **strict liability** case involving wild animals, the owner is liable:
✔✔A. Regardless of fault, if the animal injures someone
B. Only if the owner was negligent
C. Only if the animal has a known dangerous history
D. Only if the animal was provoked
Which of the following is **not** an example of negligence per se?
✔✔A. A person violates a moral duty but not a law
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, B. A person violates a statute designed to protect public safety
C. A person fails to follow a traffic law that results in harm
D. A person fails to take reasonable precautions to prevent foreseeable harm
In a case involving **product liability**, a manufacturer may be held strictly liable if:
A. The product was defectively designed but the manufacturer was not at fault
✔✔B. The product was defectively manufactured and unreasonably dangerous
C. The manufacturer acted recklessly in producing the product
D. The consumer did not use the product as intended
The **doctrine of transferred intent** applies when:
✔✔A. The defendant intends to commit one tort but actually commits another tort
B. A person unintentionally causes harm while acting negligently
C. A person is acting within their rights but causes harm
D. The defendant acts with the intention to harm a third party
Which of the following is **not** a defense to a claim of **battery**?
✔✔A. The person consented to the touching
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Version with Certified Solutions
A person is liable for **battery** if they:
✔✔A. Intentionally cause harmful or offensive contact with another person
B. Accidentally cause harm through negligence
C. Are reckless but do not intend to harm
D. Fail to act to prevent harm to another
Which of the following is **not** an element of negligence?
✔✔A. Intent
B. Duty of care
C. Breach of duty
D. Causation
A defendant is not liable for an intentional tort if they acted under:
A. Duress
✔✔B. Consent
C. Provocation
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,D. Negligence
A person who is injured while trespassing on someone else's property may recover damages:
✔✔A. Only if the property owner acted willfully or recklessly
B. Always, if the injury was foreseeable
C. Never, because they were trespassing
D. Only for injuries caused by a dangerous condition that was hidden
If a person unintentionally causes harm to another while acting recklessly, this would most likely
result in:
A. Battery
✔✔B. Negligence
C. Strict liability
D. Intentional infliction of emotional distress
Which of the following would **not** be considered a defense to a claim of defamation?
✔✔A. The statement was true
B. The statement was made with malice
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,C. The statement was made in a privileged setting
D. The statement was made as an opinion
A person who uses a reasonable amount of force to defend themselves from an imminent threat
is likely to be:
A. Liable for assault
✔✔B. Justified in using self-defense
C. Liable for battery
D. Liable for false imprisonment
In a **strict liability** case involving wild animals, the owner is liable:
✔✔A. Regardless of fault, if the animal injures someone
B. Only if the owner was negligent
C. Only if the animal has a known dangerous history
D. Only if the animal was provoked
Which of the following is **not** an example of negligence per se?
✔✔A. A person violates a moral duty but not a law
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, B. A person violates a statute designed to protect public safety
C. A person fails to follow a traffic law that results in harm
D. A person fails to take reasonable precautions to prevent foreseeable harm
In a case involving **product liability**, a manufacturer may be held strictly liable if:
A. The product was defectively designed but the manufacturer was not at fault
✔✔B. The product was defectively manufactured and unreasonably dangerous
C. The manufacturer acted recklessly in producing the product
D. The consumer did not use the product as intended
The **doctrine of transferred intent** applies when:
✔✔A. The defendant intends to commit one tort but actually commits another tort
B. A person unintentionally causes harm while acting negligently
C. A person is acting within their rights but causes harm
D. The defendant acts with the intention to harm a third party
Which of the following is **not** a defense to a claim of **battery**?
✔✔A. The person consented to the touching
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