A driver negligently hit a utility pole, causing live wires to fall near a trapped cyclist. A bystander saw that the wires were several feet from the cyclist, waited for a pause in sparking, and ran in to pull the cyclis...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...ed another player in the face after the referee blew the whistle and stopped play. The punched player sues for battery. The punching player argues that the plaintiff consented to physical contact by joining the game. Whi...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Fire officials reasonably believed that a warehouse had to be demolished immediately to create a firebreak and stop a rapidly spreading fire from reaching a crowded apartment block. The city demolished the warehouse with...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...iberately caused contact during a confrontation but denied any desire to injure. A party relied on common practice, but the record includes facts suggesting that practice was unreasonable or incomplete in this setting. T...
Citations: Battery, assault, false imprisonment, trespass doctrines
...a bicyclist bleeding after a crash, called 911, and applied a bandage too tightly while waiting for paramedics. The volunteer was not paid and did not cause the crash. How should the statute affect the bicyclist's ordina...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A coworker intentionally unplugged another employee's laptop during a presentation as a prank. The laptop shut down, a file became corrupted, and the employee lost two hours restoring the file. The laptop itself was not...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A cyclist was injured when a driver negligently opened a car door into a bike lane. Doctors recommended a routine outpatient procedure that was low risk, commonly performed, and likely to restore most use of the cyclist'...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...d became angry during a game and intentionally shoved another child into a wall. The child later said he did not know he could be sued and did not understand the word "battery," but he admitted that he meant to make the...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...ent intentionally slapped a lunch tray out of another student's hands to embarrass him. The tray struck the student's shirt and spilled food on him. The student was not physically hurt. Can the student establish battery?...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...d a settlement. The distributor signed even though it believed it had defenses. Finally, an elderly shareholder depended on her nephew for transportation, bill payment, and daily care. The nephew urged her to sell him he...
Citations: Restatement (Second) of Contracts 174, Restatement (Second) of Contracts 175, Restatement (Second) of Contracts 176, Restatement (Second) of Contracts 177
...e strip was part of his lot. A later survey showed the strip belonged to his neighbor. The neighbor suffered no measurable damage. Is the homeowner liable for trespass to land? This question tests intent and mistake in t...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A museum director suspected a volunteer, Mira, of taking a missing donation envelope. The director brought Mira into a small conference room, closed the door, and stood in front of it. A security employee locked the hall...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A passenger on a train saw one rider raise a fist toward another rider's face. The passenger reasonably believed the first rider was about to punch the second rider and pushed the first rider away using moderate force. I...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
During a tense staff meeting, Kai angrily told Nora, "I'm going to dump this coffee on you if you keep talking," and lifted a full paper cup over his shoulder. Nora saw Kai move the cup and stepped backward, believing th...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A cabin owner rigged a spring gun inside an empty storage shed to shoot at anyone who opened the shed door without permission. A trespasser opened the door and was seriously injured. Which statement best describes the ow...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A city bus negligently stopped short, throwing Priya to the floor and tearing a ligament in her shoulder. Priya promptly went to an orthopedic surgeon. The surgeon recommended six weeks of physical therapy and explained...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A customer grabbed a laptop from a repair counter and ran toward the door. The repair shop owner immediately followed, shouted, "Stop, that is mine," and grabbed the laptop from the customer's hands without striking the...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A debt collector called a debtor every night for three weeks. The debtor told the collector that the calls were worsening a diagnosed anxiety disorder. The collector then said, "Good. I will call your employer and your c...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A department-store camera showed Jules placing a boxed watch into his coat pocket near the jewelry counter. The angle did not show that Jules had already paid for the watch at a temporary register and was carrying the re...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...t in a sudden blizzard broke a window and entered an unoccupied cabin to avoid freezing. While inside, the hiker used firewood and accidentally damaged a rug with melted snow. Which statement best describes private neces...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A nightclub employee blocked the only hallway from a private room and told a guest, "If you walk past me, I will break your nose." The guest believed the threat, knew no other safe exit, and remained in the room for 20 m...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A patron threw a plastic cup toward a bartender, intending either to scare the bartender or to hit him. The bartender ducked, and the cup struck another patron in the face. The thrown cup caused a cut. Which statement be...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A pedestrian negligently stepped into a crosswalk against a signal. A driver also negligently looked away from the road and hit the pedestrian. The jurisdiction follows traditional contributory negligence and no last-cle...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...destrian suffered a broken wrist because of a driver's negligence. Doctors recommended a safe, routine cast change that would probably prevent permanent stiffness. The pedestrian unreasonably refused the cast change, and...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
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