SGrade/Bar Exam (UBE)/Torts — Core Concepts
This topic covers the essential principles of Torts as tested on the MBE portion of the Uniform Bar Examination.
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A frustrated motorist, Peter, driving on a busy street, intentionally threw a banana peel out of his car window, aiming for a trash can on the sidewalk. The peel missed the trash can, sailed through the air, and unexpectedly struck a pedestrian, Olivia, who was walking on the sidewalk, causing her to slip and fall, breaking her wrist. Olivia sues Peter for battery. What is the most likely outcome?
Examiner's Design Intent
Tests student mastery of transferred intent doctrine and ability to distinguish intentional tort liability from negligence in scenarios involving unintended victims
During a heated argument, Alex, in a fit of rage, screamed at Brenda, 'I'm going to punch you in the face!' Alex then quickly raised his fist, but before he could make contact, a bystander intervened and restrained Alex. Brenda was terrified by Alex's threat and suffered severe emotional distress, requiring therapy. Brenda sues Alex for assault. What is the most likely outcome?
Examiner's Design Intent
Tests fundamental assault vs battery distinction while embedding distractors about physical contact, intervention, and alternative tort theories
A local coffee shop, 'The Daily Grind,' has a policy requiring employees to clean up spills immediately. One morning, an employee, Chris, spilled coffee near the counter but was called away to serve a customer before he could clean it. Five minutes later, a customer, Emily, slipped on the coffee, fell, and broke her arm. Emily sued 'The Daily Grind' for negligence. Which element of negligence is most clearly established by these facts?
Examiner's Design Intent
Tests ability to distinguish between negligence elements that exist versus those most clearly proven by specific factual evidence, emphasizing analytical precision over recognition
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