Actual Cause
Actual Cause Torts Torts Actual Cause Complete Torts List TortsThis topic appears in the UBE 2026 Rules Library master list under Torts.Actual CauseUse this entry as the rule-review checkpoint for Actual Cause.Complete T...
Results for “Actual Cause Actual Cause”
A defendant deliberately caused contact during a confrontation but denied any desire to injure. The requested remedy...
...Torts. A high-scoring answer states the rule, resolves the competing factual inferences, and explains why the doctrine does or does not apply. Battery, assault, false imprisonment, trespass doctrines
Citations: Battery, assault, false imprisonment, trespass doctrines
Seller conveyed Ranch to Buyer by quitclaim deed. Buyer paid fair market value and had no actual, record, or inquiry...
...h to Buyer by quitclaim deed. Buyer paid fair market value and had no actual, record, or inquiry notice of an earlier unrecorded deed from Seller to A. A argues that Buyer cannot be a bona fide purchaser because Buyer ac...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
A defendant deliberately caused contact during a confrontation but denied any desire to injure. A party relied on com...
...Torts. A high-scoring answer states the rule, resolves the competing factual inferences, and explains why the doctrine does or does not apply. Battery, assault, false imprisonment, trespass doctrines
Citations: Battery, assault, false imprisonment, trespass doctrines
A defendant deliberately caused contact during a confrontation but denied any desire to injure. After an initial agre...
...Torts. A high-scoring answer states the rule, resolves the competing factual inferences, and explains why the doctrine does or does not apply. Battery, assault, false imprisonment, trespass doctrines
Citations: Battery, assault, false imprisonment, trespass doctrines
A defendant deliberately caused contact during a confrontation but denied any desire to injure. The key event occurre...
...Torts. A high-scoring answer states the rule, resolves the competing factual inferences, and explains why the doctrine does or does not apply. Battery, assault, false imprisonment, trespass doctrines
Citations: Battery, assault, false imprisonment, trespass doctrines
A defendant deliberately caused contact during a confrontation but denied any desire to injure. Two legally significa...
...Torts. A high-scoring answer states the rule, resolves the competing factual inferences, and explains why the doctrine does or does not apply. Battery, assault, false imprisonment, trespass doctrines
Citations: Battery, assault, false imprisonment, trespass doctrines
Proximate Cause
...lsConversionDefenses to Intentional TortsNegligenceDutyBreachCausationActual CauseProximate CauseDamagesNegligence Per SeRes Ipsa LoquiturPremises LiabilitySpecial DutiesNegligent Infliction of Emotional DistressDefenses...
A manager signed a supply agreement after receiving mixed instructions from the owner. After an initial agreement or...
...ships. A high-scoring answer states the rule, resolves the competing factual inferences, and explains why the doctrine does or does not apply. Restatement (Third) of Agency sections 1.01, 2.01, 2.03, 4.01
Citations: Restatement (Third) of Agency sections 1.01, 2.01, 2.03, 4.01
A party offered a text message to prove both notice and the truth of the matter asserted. After an initial agreement...
...leges. A high-scoring answer states the rule, resolves the competing factual inferences, and explains why the doctrine does or does not apply. FRE 801, FRE 802, FRE 803, FRE 804, FRE 807
Citations: FRE 801, FRE 802, FRE 803, FRE 804, FRE 807
Mel visited a clinic after sudden vision changes. The physician negligently failed to order a standard imaging test....
...atment, and lost earnings. The physician argues that Mel cannot prove actual cause because the condition itself sometimes causes permanent damage even with proper care. The physician also argues that Mel's claimed future...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
Seller conveyed Blueacre to Buyer by general warranty deed. The deed described Blueacre as 100 acres. At the time of...
...rtgage before closing and that no covenant was breached until someone actually evicted Buyer. Discuss Buyer's covenant claims against Seller. Address present covenants, future covenants, encumbrances, timing of breach, a...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
The prosecution charged an offense after disputed facts raised questions about intent, causation, and grading. After...
...rimes. A high-scoring answer states the rule, resolves the competing factual inferences, and explains why the doctrine does or does not apply. Common law criminal doctrine, Model Penal Code offense principles, Due proces...
Citations: Common law criminal doctrine, Model Penal Code offense principles, Due process proof-beyond-a-reasonable-doubt doctrine
A building owner told her property manager, "Get the lobby repainted before Monday, and buy what you need from the us...
...l and reasonably necessary part of that work, the manager had implied actual authority. Restatement (Third) of Agency section 2.02
Citations: Restatement (Third) of Agency section 2.02
A defendant planned to steal rare coins from a locked office. He bought lock picks, studied the building's camera sch...
...f attempted larceny or burglary, including intent, substantial step, factual impossibility, and abandonment or renunciation. This essay tests attempt, substantial step, factual impossibility, and abandonment or renunciat...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 5.01
A driver left a crowded stadium after drinking heavily. Security guards warned him that thousands of pedestrians were...
...liability, including depraved-heart murder, involuntary manslaughter, actual cause, proximate cause, and the effect of the surgeon's negligence. This essay tests depraved-heart murder, reckless manslaughter, criminal neg...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2, Model Penal Code 210.3, Model Penal Code 210.4
A party failed to deliver as promised and the nonbreaching party incurred substitute-performance costs. After an init...
...edies. A high-scoring answer states the rule, resolves the competing factual inferences, and explains why the doctrine does or does not apply. Hadley v. Baxendale, Restatement contract remedies, UCC Article 2 remedies
Citations: Hadley v. Baxendale, Restatement contract remedies, UCC Article 2 remedies
A party offered graphic proof with modest probative value and serious prejudice risk. After an initial agreement or r...
...acter. A high-scoring answer states the rule, resolves the competing factual inferences, and explains why the doctrine does or does not apply. FRE 401, FRE 402, FRE 403
Citations: FRE 401, FRE 402, FRE 403
A patron threw a plastic cup toward a bartender, intending either to scare the bartender or to hit him. The bartender...
...question tests transferred intent from intended assault or battery to actual battery. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A seller promised to keep an offer open while the buyer made costly preparations. After an initial agreement or rulin...
...ation. A high-scoring answer states the rule, resolves the competing factual inferences, and explains why the doctrine does or does not apply. Restatement (Second) Contracts sections 24, 71, 90, UCC 2-204, UCC 2-205
Citations: Restatement (Second) Contracts sections 24, 71, 90, UCC 2-204, UCC 2-205
A software developer sued a retailer in federal court for breach of a license agreement, seeking $900,000 in unpaid f...
...ry trial despite any waiver, arguing that the damages issues and the factual fraud issues overlap with the equitable claims. The developer says that because the case includes an injunction and rescission, the judge may d...
Citations: Fed. R. Civ. P. 38, Fed. R. Civ. P. 39, Beacon Theatres, Inc. v. Westover, Dairy Queen, Inc. v. Wood
A tenant stopped paying rent after defects persisted and the landlord changed the locks. After an initial agreement o...
...enant. A high-scoring answer states the rule, resolves the competing factual inferences, and explains why the doctrine does or does not apply. Landlord-tenant doctrine
Citations: Landlord-tenant doctrine
After a truck collision, Driver sued Carrier Co. in state court for negligence. Carrier Co. failed to answer, and the...
...essarily rested on negligence. Carrier Co. responds that no issue was actually litigated in the first action. Is Carrier Co. issue-precluded from contesting negligence in Passenger's action? Discuss. This essay tests the...
Citations: Restatement (Second) of Judgments principles, General federal preclusion principles
An investor authorized her assistant to buy a sculpture from a gallery but instructed the assistant not to reveal the...
...contract? The buyer did not know of the principal, but the agent had actual authority. That can bind the principal, while the agent remains liable because the seller believed it was contracting with the agent. Restateme...
Citations: Restatement (Third) of Agency sections 6.03, 6.09