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SGrade/Bar Exam (UBE)/Torts — Core Concepts

Bar Exam · 21 questions

Torts — Core Concepts Practice Questions

This topic covers the essential principles of Torts as tested on the MBE portion of the Uniform Bar Examination.

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Sample questions

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Question 1Foundation

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?

APeter is liable for battery because he intended to throw the banana peel, and his intent to commit an offensive contact with the trash can transferred to Olivia.
BPeter is not liable for battery because he did not intend to make contact with Olivia, only with the trash can.
CPeter is not liable for battery because the contact was indirect, caused by the banana peel, not a direct physical touch.
DPeter is liable only for negligence, as the harm to Olivia was not foreseeable, and he did not intend to injure her.

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

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Question 2Foundation

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?

AAlex is liable for assault because he intentionally caused Brenda to apprehend imminent harmful or offensive contact.
BAlex is not liable for assault because no physical contact was made.
CAlex is not liable for assault because the bystander's intervention prevented the contact, negating the imminence of the threat.
DAlex is liable only for intentional infliction of emotional distress, not assault, as Brenda suffered severe emotional distress.

Examiner's Design Intent

Tests fundamental assault vs battery distinction while embedding distractors about physical contact, intervention, and alternative tort theories

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Question 3Foundation

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?

ADuty of care.
BBreach of duty.
CActual causation.
DProximate causation.

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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+ 18 more Torts — Core Concepts questions in this set

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More Bar Exam topics

Civil Procedure — Core ConceptsConstitutional Law — Core ConceptsContracts — Core ConceptsCriminal Law and Procedure — Core ConceptsEvidence — Core ConceptsReal Property — Core Concepts
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