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
...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
...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
Before renting a kayak, a customer signed a clear release for "claims arising from ordinary negligence in providing rental equipment." The rental company then knowingly gave the customer a kayak with a cracked hull after...
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
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 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
...eational-use statute provides that a private landowner who opens land to the public for hiking without charge owes no duty to keep the land safe for recreational users, but the statute does not protect a landowner who ch...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Blake, a delivery driver, looked down to accept a dispatch on his phone while driving through an intersection. Mina entered the same intersection from the cross street while driving 12 miles per hour over the speed limit...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...clinic after sudden vision changes. The physician negligently failed to order a standard imaging test. Expert testimony shows that, with the test and immediate treatment, there was a 70 percent likelihood Mel's optic-ne...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...ways and was struck by a negligent driver. The driver asserts contributory negligence. The jurisdiction follows the ordinary child-standard rule and has no special bicycle statute. What standard applies to the child's al...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...ers' strict-liability claims against Ridge. Address Ridge's strongest defenses. This essay tests abnormally dangerous activity strict liability for blasting and scope of risk. NCBE MBE Subject Matter Outline, Torts, Rest...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...ordan in the headlights from about 250 feet away. The driver had time to slow or move left, but instead looked at a dashboard message and continued at the speed limit. The truck struck Jordan. The jurisdiction follows tr...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...alyze Summit Wall's express-assumption and implied-assumption-of-risk defenses. Discuss any limits if the employee's conduct is found grossly negligent or reckless rather than merely negligent. This essay tests express a...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...reasonable or incomplete in this setting. The opponent argues that custom ends the analysis. How should the court, tribunal, or decision maker resolve the dispute? Discuss the strongest arguments for each side, state the...
Citations: Common law tort doctrine, Restatement tort principles
...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
One party acted after receiving notice of a legal risk tied to Negligence. One argument was preserved, while another was raised only later. Which result best accounts for preservation and merits? Correct. The answer turn...
Citations: Common law tort doctrine, Restatement tort principles
One party acted after receiving notice of a legal risk tied to Negligence. The key event occurred after warnings, partial performance, and a written objection by the affected party. The opponent argues that the objection...
Citations: Common law tort doctrine, Restatement tort principles
One party acted after receiving notice of a legal risk tied to Negligence. The moving party has the burden on a contested element, and the opponent identifies a plausible exception. How should the issue most likely be re...
Citations: Common law tort doctrine, Restatement tort principles
One party acted after receiving notice of a legal risk tied to Negligence. The record contains both written proof and disputed oral testimony. Which answer gives the best treatment of the proof and governing rule? Correc...
Citations: Common law tort doctrine, Restatement tort principles
One party acted after receiving notice of a legal risk tied to Negligence. The requested remedy would protect one party but impose a substantial burden on another party who had notice of the risk. The opponent argues tha...
Citations: Common law tort doctrine, Restatement tort principles
...stion tests proof of future damages. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
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
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
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