MBE Post Midterm Answers 2025 Expert
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A man's car sustained moderate damage in a collision with a car driven by a
woman. The accident was caused solely
by the woman's negligence. The man's car was still drivable after the accident.
Examining the car the next morning,
the man could see that a rear fender had to be replaced. He also noticed that
gasoline had dripped onto the garage
floor. The collision had caused a small leak in the gasoline tank.
The man then took the car to a mechanic, who owns and operates a body shop, and
arranged with the mechanic to
repair the damage. During their discussion the man neglected to mention the
gasoline leakage. Thereafter, while the
,mechanic was loosening some of the damaged material with a hammer, he caused
a spark, igniting vapor and
gasoline that had leaked from the fuel tank. The mechanic was severely burned.
The mechanic has brought an action to recover damages against the man and
woman. The jurisdiction has adopte - 🧠 ANSWER ✔✔D. No, because there is no
evidence that the woman was aware of the gasoline leak.
A traveler was a passenger on a commercial aircraft owned and operated by an
airline. The aircraft crashed into a
mountain, killing everyone on board. The flying weather was good.
The traveler's legal representative brought a wrongful death action against the
airline. At trial, the legal representative
offered no expert or other testimony as to the cause of the crash.
On the airline's motion to dismiss at the conclusion of the legal representative's
case, the court should - 🧠 ANSWER ✔✔C. deny the motion, because the jury may
infer that the aircraft was crashed due to the airline's negligence
A construction company was digging a trench for a new sewer line in a street in a
high-crime neighborhood. During
, the course of the construction, there had been many thefts of tools and equipment
from the construction area. One
night, the construction company's employees neglected to place warning lights
around the trench. A delivery truck
drove into the trench and broke an axle. While the truck driver was looking for a
telephone to call a tow truck, thieves
broke into the truck and stole $350,000 worth of goods. The delivery company
sued the construction company to
recover for the $350,000 loss and for the damage to its truck. The construction
company has stipulated that it was
negligent in failing to place warning lights around the trench and admits liability
for damage to the truck, but it denies
liability for the loss of the goods.
On cross-motions for summary judgment on the claim for the goods, how should
the - 🧠 ANSWER ✔✔A. Deny both motions, because there is evidence to support a
finding that the construction company should have realized that its negligence
could create an opportunity for a third party to commit a crime.
COPYRIGHT©NINJANERD 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE.
PRIVACY STATEMENT. ALL RIGHTS RESERVED
3
Verified | Ace the Test
A man's car sustained moderate damage in a collision with a car driven by a
woman. The accident was caused solely
by the woman's negligence. The man's car was still drivable after the accident.
Examining the car the next morning,
the man could see that a rear fender had to be replaced. He also noticed that
gasoline had dripped onto the garage
floor. The collision had caused a small leak in the gasoline tank.
The man then took the car to a mechanic, who owns and operates a body shop, and
arranged with the mechanic to
repair the damage. During their discussion the man neglected to mention the
gasoline leakage. Thereafter, while the
,mechanic was loosening some of the damaged material with a hammer, he caused
a spark, igniting vapor and
gasoline that had leaked from the fuel tank. The mechanic was severely burned.
The mechanic has brought an action to recover damages against the man and
woman. The jurisdiction has adopte - 🧠 ANSWER ✔✔D. No, because there is no
evidence that the woman was aware of the gasoline leak.
A traveler was a passenger on a commercial aircraft owned and operated by an
airline. The aircraft crashed into a
mountain, killing everyone on board. The flying weather was good.
The traveler's legal representative brought a wrongful death action against the
airline. At trial, the legal representative
offered no expert or other testimony as to the cause of the crash.
On the airline's motion to dismiss at the conclusion of the legal representative's
case, the court should - 🧠 ANSWER ✔✔C. deny the motion, because the jury may
infer that the aircraft was crashed due to the airline's negligence
A construction company was digging a trench for a new sewer line in a street in a
high-crime neighborhood. During
, the course of the construction, there had been many thefts of tools and equipment
from the construction area. One
night, the construction company's employees neglected to place warning lights
around the trench. A delivery truck
drove into the trench and broke an axle. While the truck driver was looking for a
telephone to call a tow truck, thieves
broke into the truck and stole $350,000 worth of goods. The delivery company
sued the construction company to
recover for the $350,000 loss and for the damage to its truck. The construction
company has stipulated that it was
negligent in failing to place warning lights around the trench and admits liability
for damage to the truck, but it denies
liability for the loss of the goods.
On cross-motions for summary judgment on the claim for the goods, how should
the - 🧠 ANSWER ✔✔A. Deny both motions, because there is evidence to support a
finding that the construction company should have realized that its negligence
could create an opportunity for a third party to commit a crime.
COPYRIGHT©NINJANERD 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE.
PRIVACY STATEMENT. ALL RIGHTS RESERVED
3
