Trustee breached the duty of loyalty by directing trust business to Trustee's separate company. The trust paid $40,000 more than a reasonable market price, and Trustee's company earned $25,000 in net profit from the tran...
Citations: Uniform Trust Code section 1002
...statement best describes how the transaction may be upheld against a duty-of-loyalty challenge? The best answer captures both procedural cleansing and substantive fairness. Model Business Corporation Act conflicted-inte...
Citations: Model Business Corporation Act conflicted-interest principles
...nd an opportunity belonging to the partnership, which raises a direct duty-of-loyalty issue. Uniform Partnership Act and Revised Uniform Partnership Act principles
Citations: Uniform Partnership Act and Revised Uniform Partnership Act principles
...by Trustee. Which statement is most accurate? This question tests the duty of loyalty and self-dealing. Uniform Trust Code section 802
Citations: Uniform Trust Code section 802
...n section of an objective memorandum analyzing whether a store owed a duty to protect a customer from a third-party assault. The Library includes a statute and three cases. One case lists foreseeability factors, one appl...
Citations: NCBE MPT preparation materials, NCBE MPT test-day instructions
...e stopping production would reduce quarterly bonuses. Which fiduciary-duty concept is most directly implicated? The correct answer distinguishes bad faith from ordinary business failure. General corporate fiduciary-duty...
Citations: General corporate fiduciary-duty principles
...n to expand into rural hospital networks. Did Dana breach a fiduciary duty by taking the North Ridge contract? What remedies should a court consider? Discuss. This essay focuses on corporate opportunity doctrine rather t...
Citations: NCBE MEE Business Associations outline, General corporate fiduciary-duty principles
Summit Gym advertises that a trained attendant is always on duty and that an automated external defibrillator is available near the treadmills. During a busy evening, Nolan, a paying member, collapsed while running on a...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...otruding corner, and fell. Which statement best describes the store's duty and breach argument? This question tests duty and breach for visible premises hazards. NCBE MBE Subject Matter Outline, Torts, Restatement (Secon...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...p.m. Leah sues Harbor Market for negligence. Analyze Harbor Market's duty and whether the facts support a finding of breach. Address the strongest arguments on both sides. This essay tests invitee duty and breach for a...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...part of the land to a farmer and receives rent from the farmer. What duty does A generally owe B regarding the rent? The correct answer states the accounting rule for third-party rents. NCBE MEE Subject Matter Outline
Citations: NCBE MEE Subject Matter Outline
...d the drug. Which statement best describes the manufacturer's warning duty in many jurisdictions? This question tests the learned intermediary warning rule. NCBE MBE Subject Matter Outline, Torts, Restatement (Third) of...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Third) of Torts: Products Liability
...e statute supplies the standard of care and whether Omar breached his duty. Address Omar's best arguments. This essay tests negligence per se as a duty-and-breach doctrine, including statutory purpose and excuse. NCBE MB...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...l and broke her hip. Which statement best describes the bus company's duty and breach exposure? This question tests heightened duty and breach for common carriers. NCBE MBE Subject Matter Outline, Torts, Restatement (Sec...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...ss whether the court could apply different states' laws to the safety-duty issue and the damages-cap issue. Address conduct-regulating rules, loss-allocating rules, state interests, and depecage. This essay tests issue-b...
Citations: Restatement (Second) of Conflict of Laws, Modern governmental-interest analysis
...iend, she looked backward and struck an adult pedestrian stepping out of a gate. The pedestrian sued the child for negligence. The jurisdiction follows the traditional rule for children and has no special bicycle statute...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...substantial loss. A shareholder sues the directors for breach of the duty of care. Which statement best describes the likely rule? The correct answer states the core protection for informed, good-faith board decisions...
Citations: Model Business Corporation Act director standards
...tion Act business-opportunity principles, General corporate fiduciary-duty principles
Citations: Model Business Corporation Act business-opportunity principles, General corporate fiduciary-duty principles
...per se. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...corded that morning. Which statement best describes the customer's proof of breach? This question tests constructive notice for a transitory premises condition. NCBE MBE Subject Matter Outline, Torts, Restatement (Second...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A museum hired a contractor to renovate a gallery for a fixed price of $400,000. Halfway through the work, the contractor told the museum that labor costs had risen and that he would stop work unless the museum promised...
Citations: Restatement (Second) of Contracts 73, Restatement (Second) of Contracts 89, UCC 2-209, NCBE NextGen UBE Content Scope, Contracts
...prices. Which statement best describes the parent company's fiduciary-duty exposure? The correct answer captures the limited but important fiduciary duties of controlling shareholders. NCBE July 2019 MEE controlling-shar...
Citations: NCBE July 2019 MEE controlling-shareholder analysis
...close to the patient. Which statement best describes the patient's proof of breach? This question tests proof of breach through res ipsa loquitur. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...t by a turning bicycle. Which statement best describes the passerby's duty? This question tests undertaking-based duty. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
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