BLW 302 REVISION EXAMS 2025/2026 QUESTIONS AND
ANSWERS RATED A+
✔✔Defenses to Wrongful Interference - ✔✔1. The interference was justified or
permissible
2. Bona fide competitive behavior.
✔✔Trespass to Land - ✔✔1. Physically enters onto, above, or below the surface of
another's land; or
2. Causes anything to enter onto the land; or
3. Remains—or permits anything to remain—on the land
✔✔Defenses to Trespass to Land - ✔✔a) Trespass warranted -Necessity- coming to the
aid of another
b) Hold a Licensee to enter the property.
✔✔Trespass to Personal Property - ✔✔1. Chattel is personal property
2. Intentionally interfering with a person's possessory interest in property.
3. Conversion - Wrongful possession or use of property of another without permission.
a) Can be based upon failing to return goods; for which permission was granted for a
limited time.
✔✔Unintentional Tort Negligence - ✔✔Duty, Breach, Causation, Damages
✔✔Duty (negligence) - ✔✔1. Reasonable Person Standard - how would a reasonable
prudent person act?
2. Landowner's have a duty to maintain their property in a safe manner.
a) Duty to warn of dangerous conditions.
3. Professionals - meet the minimum standard of knowledge and care of the profession.
Not reasonable person, but reasonable professional in the field.
✔✔Breach (negligence) - ✔✔Failure to meet the Duty (Standard of care)
✔✔Causation (negligence) - ✔✔The breach of duty must be the cause of the harm to
the Plaintiff.
1. Actual Cause (Cause in Fact) "But for" the breach would the injury have occurred.
, 2. Proximate Cause (Legal Cause) - Is the injury foreseeable or to remotely connected
to create liability. Foreseeability test - Palsgraf v. Long Island Railroad.
✔✔Damages (Negligence) - ✔✔The Plaintiff must have suffered a recognizable loss as
a result of the actions of the Tortfeasor
✔✔Statutory Protections against negligence - ✔✔1. Good Samaritan Statutes - vary
from state to state. Provide shield from liability for those that help in an emergency
situation.
2. Dram Shop Acts - vary from state to state. Extend liability to bartenders/owners for
injuries caused by customers that became intoxicated in the establishment.
✔✔Defenses to Negligence - Assumption of the Risk - ✔✔Bar to recovery if Plaintiff
a) Knows of the risk
b) Voluntary assumption of the risk
✔✔Defenses to Negligence - Contributory Negligence - ✔✔If the Plaintiff's own
negligence contributes to the injury, then the Plaintiff is barred from any recovery.
✔✔Defenses to Negligence - Comparative Negligence - ✔✔If the Plaintiff's own
negligence contribute to the injury, then amount recovered by Plaintiff is reduced by
their percentage of negligence.
✔✔Pure Comparative Fault - ✔✔Plaintiff can recover even if their percentage of fault is
greater than the Defendant.
✔✔Modified Comparative Negligence - ✔✔Plaintiff can only recover if their percentage
of fault is not greater than the Defendant.
(1) 50 Percent Rule: Plaintiff recovers only if liability is less than 50%
(2) 51 Percent Rule: Plaintiff recovers nothing if liability is greater than 50%.
✔✔Strict Liability - ✔✔A. Liability regardless of fault.
B. Abnormally Dangerous Activities:
1. Involve high risk of potential harm;
2. Involve high degree of risk that cannot be made safe
C. Wild Animals: owners are strictly liable for injuries.
ANSWERS RATED A+
✔✔Defenses to Wrongful Interference - ✔✔1. The interference was justified or
permissible
2. Bona fide competitive behavior.
✔✔Trespass to Land - ✔✔1. Physically enters onto, above, or below the surface of
another's land; or
2. Causes anything to enter onto the land; or
3. Remains—or permits anything to remain—on the land
✔✔Defenses to Trespass to Land - ✔✔a) Trespass warranted -Necessity- coming to the
aid of another
b) Hold a Licensee to enter the property.
✔✔Trespass to Personal Property - ✔✔1. Chattel is personal property
2. Intentionally interfering with a person's possessory interest in property.
3. Conversion - Wrongful possession or use of property of another without permission.
a) Can be based upon failing to return goods; for which permission was granted for a
limited time.
✔✔Unintentional Tort Negligence - ✔✔Duty, Breach, Causation, Damages
✔✔Duty (negligence) - ✔✔1. Reasonable Person Standard - how would a reasonable
prudent person act?
2. Landowner's have a duty to maintain their property in a safe manner.
a) Duty to warn of dangerous conditions.
3. Professionals - meet the minimum standard of knowledge and care of the profession.
Not reasonable person, but reasonable professional in the field.
✔✔Breach (negligence) - ✔✔Failure to meet the Duty (Standard of care)
✔✔Causation (negligence) - ✔✔The breach of duty must be the cause of the harm to
the Plaintiff.
1. Actual Cause (Cause in Fact) "But for" the breach would the injury have occurred.
, 2. Proximate Cause (Legal Cause) - Is the injury foreseeable or to remotely connected
to create liability. Foreseeability test - Palsgraf v. Long Island Railroad.
✔✔Damages (Negligence) - ✔✔The Plaintiff must have suffered a recognizable loss as
a result of the actions of the Tortfeasor
✔✔Statutory Protections against negligence - ✔✔1. Good Samaritan Statutes - vary
from state to state. Provide shield from liability for those that help in an emergency
situation.
2. Dram Shop Acts - vary from state to state. Extend liability to bartenders/owners for
injuries caused by customers that became intoxicated in the establishment.
✔✔Defenses to Negligence - Assumption of the Risk - ✔✔Bar to recovery if Plaintiff
a) Knows of the risk
b) Voluntary assumption of the risk
✔✔Defenses to Negligence - Contributory Negligence - ✔✔If the Plaintiff's own
negligence contributes to the injury, then the Plaintiff is barred from any recovery.
✔✔Defenses to Negligence - Comparative Negligence - ✔✔If the Plaintiff's own
negligence contribute to the injury, then amount recovered by Plaintiff is reduced by
their percentage of negligence.
✔✔Pure Comparative Fault - ✔✔Plaintiff can recover even if their percentage of fault is
greater than the Defendant.
✔✔Modified Comparative Negligence - ✔✔Plaintiff can only recover if their percentage
of fault is not greater than the Defendant.
(1) 50 Percent Rule: Plaintiff recovers only if liability is less than 50%
(2) 51 Percent Rule: Plaintiff recovers nothing if liability is greater than 50%.
✔✔Strict Liability - ✔✔A. Liability regardless of fault.
B. Abnormally Dangerous Activities:
1. Involve high risk of potential harm;
2. Involve high degree of risk that cannot be made safe
C. Wild Animals: owners are strictly liable for injuries.
