MBE Question Set 16 Questions and
Answers Latest Version Already Passed
What is the primary purpose of tort law?
✔✔To provide compensation to those harmed by the wrongful acts of others.
What must a plaintiff generally prove to succeed in a negligence claim?
✔✔Duty, breach, causation, and damages.
Is physical injury required to bring a battery claim?
✔✔No, harmful or offensive contact is sufficient even without physical injury.
Can words alone constitute an assault in tort law?
✔✔No, assault requires an act that creates a reasonable apprehension of imminent harmful or
offensive contact.
What distinguishes false imprisonment from mere inconvenience?
✔✔False imprisonment requires confinement without legal authority or consent, not just an
inconvenience.
1
,Can a trespass to land occur if the defendant did not know they were on someone else’s
property?
✔✔Yes, intent to enter the land is enough, even if the trespasser is mistaken.
When does a landowner owe a duty of reasonable care to a licensee?
✔✔When the landowner is aware of a dangerous condition that is not obvious and fails to warn
the licensee.
What is the difference between libel and slander?
✔✔Libel is written defamation; slander is spoken defamation.
What is a defense to defamation if the statement is actually true?
✔✔Truth is an absolute defense to defamation.
Can a plaintiff recover for emotional distress without physical injury?
✔✔Yes, in intentional infliction of emotional distress if the conduct is extreme and outrageous.
2
,What is the standard of care for a child in a negligence claim?
✔✔A child is held to the standard of a reasonably careful child of the same age, intelligence, and
experience.
Can a private individual sue for public nuisance?
✔✔Only if they suffer a special harm different in kind from the general public.
Is consent a valid defense to battery?
✔✔Yes, if the consent is informed and voluntarily given.
What type of tort is involved when a person intentionally damages another’s personal property?
✔✔Trespass to chattels.
What tort occurs when someone unjustifiably withholds another’s personal property?
✔✔Conversion.
What is the "but for" test used to determine?
✔✔Actual causation in negligence claims.
3
, What kind of causation requires foreseeability of the harm?
✔✔Proximate causation.
What is res ipsa loquitur?
✔✔A doctrine allowing negligence to be inferred when the accident would not normally occur
without negligence.
Can a person be liable for defamation if the statement was made only to the plaintiff?
✔✔No, defamation requires publication to a third party.
What is the general duty owed by a land possessor to an invitee?
✔✔To exercise reasonable care to discover and remedy dangerous conditions.
Can an employer be held liable for the torts of an employee?
✔✔Yes, under vicarious liability if the employee was acting within the scope of employment.
Is mistake a defense to intentional torts?
4
Answers Latest Version Already Passed
What is the primary purpose of tort law?
✔✔To provide compensation to those harmed by the wrongful acts of others.
What must a plaintiff generally prove to succeed in a negligence claim?
✔✔Duty, breach, causation, and damages.
Is physical injury required to bring a battery claim?
✔✔No, harmful or offensive contact is sufficient even without physical injury.
Can words alone constitute an assault in tort law?
✔✔No, assault requires an act that creates a reasonable apprehension of imminent harmful or
offensive contact.
What distinguishes false imprisonment from mere inconvenience?
✔✔False imprisonment requires confinement without legal authority or consent, not just an
inconvenience.
1
,Can a trespass to land occur if the defendant did not know they were on someone else’s
property?
✔✔Yes, intent to enter the land is enough, even if the trespasser is mistaken.
When does a landowner owe a duty of reasonable care to a licensee?
✔✔When the landowner is aware of a dangerous condition that is not obvious and fails to warn
the licensee.
What is the difference between libel and slander?
✔✔Libel is written defamation; slander is spoken defamation.
What is a defense to defamation if the statement is actually true?
✔✔Truth is an absolute defense to defamation.
Can a plaintiff recover for emotional distress without physical injury?
✔✔Yes, in intentional infliction of emotional distress if the conduct is extreme and outrageous.
2
,What is the standard of care for a child in a negligence claim?
✔✔A child is held to the standard of a reasonably careful child of the same age, intelligence, and
experience.
Can a private individual sue for public nuisance?
✔✔Only if they suffer a special harm different in kind from the general public.
Is consent a valid defense to battery?
✔✔Yes, if the consent is informed and voluntarily given.
What type of tort is involved when a person intentionally damages another’s personal property?
✔✔Trespass to chattels.
What tort occurs when someone unjustifiably withholds another’s personal property?
✔✔Conversion.
What is the "but for" test used to determine?
✔✔Actual causation in negligence claims.
3
, What kind of causation requires foreseeability of the harm?
✔✔Proximate causation.
What is res ipsa loquitur?
✔✔A doctrine allowing negligence to be inferred when the accident would not normally occur
without negligence.
Can a person be liable for defamation if the statement was made only to the plaintiff?
✔✔No, defamation requires publication to a third party.
What is the general duty owed by a land possessor to an invitee?
✔✔To exercise reasonable care to discover and remedy dangerous conditions.
Can an employer be held liable for the torts of an employee?
✔✔Yes, under vicarious liability if the employee was acting within the scope of employment.
Is mistake a defense to intentional torts?
4
