Torts mbe Study guides, Class notes & Summaries

This document contains 257 previously released NCBE questions and answers on Torts that were used in the multistate bar exam (MBE).

Torts: How Intervening Forces Affect the Element of Legal or Proximate Cause. AKA Indirect Causation As a general principle in negligence actions, a defendant will be liable only if his breach of care is shown to be the legal (proximate) cause of plaintiff's harm. Not all harm actually caused by the defendant will result in liability. In this case, the chain of events started when the fan discarded the plastic bag. The police officer then acted negligently in failing to remove the bag from the ...

Principal liable for agent's torts - Agency relationship - Within scope of agency Agency relationship - Assent (informal agreement) - Benefit principal - Control by the principal (supervise) Sub-agent and borrowed agent - No control for both - No agreement for sub-agent Independent contractor for tort liability (agency) - Principal is NL - Exceptions: * Ultra-hazadous activity * Estoppel: hold-out as agent Scope of agency - Balancing test * Whether A intended to benefit P ...

A pedestrian walking on the sidewalk was struck by a car backing out of a driveway. The driver did not see the pedestrian because her neighbor's bushes obscured her view of the sidewalk. The pedestrian was seriously injured and brought suit against the driver and the neighbor. The pedestrian also included the city in his lawsuit, alleging that the city failed to enforce its ordinance requiring homeowners to provide a clear view of sidewalks where they intersect with driveways. The trier of fact...

INTRODUCTION I. Basic Task: to determine whether defendant is liable to plaintiff for any given tort. II. First Question: Can plaintiff establish prima facie case requirements? a. No  no liability b. Yes  second question III. Second Question: can defendant establish any affirmative defenses? INTENTIONAL TORTS I. Prima Facie Case: a. Act: any volitional movement by defendant. b. Intent: i. Substantial Certainty: intent exists if defendant knows with substantial certainty these c...

MBE Flashcards intentional infliction of emotional distress ( business conduct) - to maintain a claim for intentional infliction of emotional distress, a plaintiff must show that the defendant acts amounted to extreme and outrageous conduct, causing the plaintiff severe emotional distress, and that the defendant either intended to cause or was reckless in causing the emotional distress. Extreme methods of business conduct, including extreme methods of debt collection has been characterized...

MBE Review In-class activity Defamation - Requires publication to a third person Intentional Infliction of Emotional Distress - Does not require physical harm Contract Formation - If buyer reserves the right to cancel no contract has formed Illusory (Contracts) - A promise that is so indefinite that the promisor has not actually promised to do anything (or refrain from doing something). UCC Breach Remedy - When a party breaches under the sale of good contract, give...

ATI FUNDAMENTALS PROCTORED EXAM RETAKE 2019/2023 GUIDE W/ BRAND NEW Q & A INCLUDED (A++) 1. 2. CHAPTER 1: HEALTH CARE DELIVERY SYSTEMS A. Components of Health care systems a. Participants 1. Consumers- clients 2. Providers a. Licensed providers: registered nurses, license practical (or vocational) nurses (LPN), advanced practice nurses (APN), medical doctors, pharmacists, dentists, dietitians, physical/respiratory/occupational therapists, etc b. Unlicensed providers: as...

Private Nuisance Subs & unreasonable interference w/ the use and enjoyment of real prop. (requires ownership or rental) Public nuisance Interference with rights of community at large 00:08 01:21 Is a manufacturer liable even though the plaintiff misuses it, in a strict liability suit? A manufacturer is liable for a defective product, even if the plaintiff misuses it, as long as that misuse is foreseeable. What is necessary to establish a prima facie in products liabil...