Torts Multistate Bar Examination (MBE) Practice Test

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• In the mountain road accident, which statement about defenses to liability for the rescuer who was injured is correct?
• An architect designed a resort hotel and chose a design with pylons that could withstand winds 20% higher than historical data. The hotel chain approved the plans and construction proceeded. If the hotel later succumbs to high winds, who is liable under the given facts?
• Assumption of risk in tort doctrine generally results in which outcome if the plaintiff knowingly encountered a risk and consented?
• Should the trainer of homing pigeons be granted a directed verdict in the airplane destruction case?
• At a hockey game, a rival player’s stick flies into the stands and strikes a fan, causing serious injury. In an action for battery by the fan against the rival player, who will likely prevail?
• In a products liability action, does consumer misuse of a product absolve the manufacturer of liability if the misuse is not reasonably foreseeable?
• A company lends its car to an employee for a cross-country trip. After a detour for errands, the employee injures a pedestrian. Under traditional contribution rules, which statement is correct?
• In nuisance cases, which factor most strongly supports the defendant when the nuisance has existed for many years in a commercial area?
• Premises liability: a business owner owes a duty to keep premises safe for invitees. The owner is liable for a hazardous condition if:
• In the encroachment situation, which statement best describes the neighbor's right?
• Under strict liability for dog bites, which factor commonly determines liability?
• In the trespass case involving a boater who used a channel believed to be public, which disposition would be correct?
• What is the pilot's best defense when a child is injured during an emergency landing caused by birds?
• Two factories negligently discharge toxic waste into a river. A downstream farmer uses water for irrigation and suffers substantial crop losses. Each discharge alone would have been sufficient to cause the crop losses. How much of the farmer's damages should he recover from the chemical plant?
• In a traditional contributory negligence regime, if a plaintiff is 60% at fault, what is the likely result?
• A dentist uses a newly developed local anesthetic with a 1% risk of a serious seizure in children, not disclosed to the patient’s mother, who seeks a remedy for lack of informed consent. Is there a viable claim?
• A defendant raises a fist and states, 'I’m going to punch you now.' The plaintiff experiences fear of imminent contact. The tort is:
• During a stunt show, a man uses a rifle to shoot a cigarette out of a performer's mouth three times. If the performer sues the man for battery, who will prevail?
• Which statement is an essential element of intentional infliction of emotional distress (IIED)?
• Respondeat superior imposes vicarious liability on an employer for which scenario?
• A patient misdiagnosed with a genetic incurable disease, who later is cured by another doctor, sues for emotional distress caused by the misdiagnosis. Can the patient recover?
• A gardener secretly planted a bug in a political candidate's emails. The camera captured the intrusion, and the gardener planned to sell the emails to a tabloid. The candidate sues for invasion of privacy. On what basis will she likely prevail?
• Evidence that the neighbor's appraisal shows a decline in property value due to glare is best described as what in a nuisance case?
• In a jurisdiction with no dramshop act, is the bartender vicariously liable for injuries caused by an intoxicated driver?
• A ceiling tile in a hotel lobby falls and injures a guest. The event is the kind of accident that ordinarily indicates negligence, and the tile was under the hotel’s control. The guest contributed nothing to the injury. Can the guest rely on res ipsa loquitur to prove negligence?
• A homeowner, during a drought, lit fireworks that ignited dry grass and started a garage fire. A firefighter arriving to fight the fire stepped on an outside stair whose wood underside was rotted, breaking a rung and injuring himself. Under traditional premises liability concepts, which statement about the homeowner's liability to the firefighter is correct?
• The tort of trespass to land requires which of the following?
• A man mowing his lawn experiences a mechanical failure; the engine vibrated and parts flew and injured him. The mother who witnessed the event faints from shock and sues the repair shop for negligent infliction of emotional distress. Can the mother recover?
• In an action by the umpire against the father for battery, will the umpire prevail?
• A lifeguard fails to rescue a drowning swimmer who is in danger. In general, is there a legal duty to rescue another person in imminent peril?
• A landlord tells a tenant that she is using the apartment for prostitution. The statement is false, and the tenant sues for defamation. The most appropriate basis for relief is?
• A 16-year-old and two other children were caught by the police while breaking a woman's car windows and causing other damage totaling $2,000. The jurisdiction provides that parents may be liable for up to $5,000 for willful and intentional torts of their minor children. In a suit by the car owner against the 16-year-old, will the owner prevail?
• Under the attractive nuisance doctrine, when may a landowner be liable to children who are drawn to a dangerous condition on the land?
• A five-year-old child is burned by a downed power line managed by the electric company. Is there liability if the company could have taken reasonable steps to prevent the lines from falling when insulators were repeatedly destroyed?
• In premises-related negligence, res ipsa loquitur may apply if...
• Under negligent infliction of emotional distress doctrine, when may a plaintiff recover for emotional distress as a bystander?
• Can a patient recover for emotional distress caused by a dermatologist's erroneous diagnosis of a rash as a fatal condition?
• In the classic independent contractor scenario, the plaintiff must prove that the homeowner:
• A security guard detains a shopper for suspected theft without probable cause and the shopper sues for false imprisonment. The guard may avoid liability if there was probable cause to detain. Which statement is correct?
• A 16-year-old teenager was playing baseball when the ball was hit onto a landowner's adjacent property. The teen entered the property to retrieve the ball and was attacked by a vicious guard dog belonging to the landowner, suffering serious injuries. If the teenager sues the landowner, will he likely prevail?
• Conversion remedy is best described as which of the following?
• In tort law, which statement best describes a superseding cause that may relieve liability?
• Two 9-year-old boys trespassed on private land at the end of the season and used canoes, resulting in a drowning. Regarding the duty owed to child trespassers in this scenario, which statement is most accurate?
• In a street basketball game, the players are rough; an opponent uses an elbow to strike the plaintiff, injuring him. The jury awards the plaintiff. What is the likely explanation for this outcome?
• Under transferred intent, if a defendant intends to commit a battery against Person A but actually touches Person B, which statement is true?
• In the pigeons and airplane case, a directed verdict should be granted if there is no basis for liability against the trainer. Which option best captures this standard?
• Police-initiated random luggage searches at a train station are conducted without a warrant to prevent contraband. A traveler’s bags are selected but a key is needed to unlock them, causing a delay and temporary deprivation of access to his luggage. The traveler later objects to the search. What tort claim is most plausible for the traveler to pursue, given the particulars described?
• A golf cart is driven onto a landowner's property to avoid a falling tree struck by lightning, and damages the landowner’s plantings. In an action by the landowner for damages, what is the likely result?
• Nuisance is best described as which of the following?
• A swimmer at a private lake resort is within a roped-in swimming area but leaves the rope area to reach a volleyball game. The lifeguard on duty sees the swimmer but does not warn him to return. Is the lifeguard liable for any injuries the swimmer sustains?
• A store detains a suspected shoplifter for 15 minutes with reasonable grounds. Under which condition is the store privileged to detain without becoming liable for false imprisonment?
• A parent’s informal piloting lessons lead a 15-year-old to attempt a solo flight. The plane crashes due to a burst fuel line discovered during a routine maintenance check performed by a private airport mechanic. The pilot’s mother sues the mechanic’s employer for wrongful death. What is the likely result?
• A thief throws a rock at a person attempting to stop a robbery; the rock strikes a bystander. Under transferred intent, is the thief liable to the bystander for battery?
• A bank’s premises are maintained safely, and a customer is injured due to a hidden hazard the bank failed to discover. The customer sues for premises liability. The bank argues the hazard was open and obvious. Which result is most accurate?
• A cyclist on a sidewalk was forced to enter a landowner's yard to avoid a car door opened into her path and damaged the landowner's lawn ornaments. The entry was privileged. Is the cyclist liable for the damage?
• An online mapping service posts street-level images of downtown areas. In one image, a pedestrian on the steps outside a business is seen smoking. He sues the service for invasion of privacy. Which result is most likely under traditional tort principles?
• A manufacturer of insecticides emits foul fumes near residential homes. The plant was built years ago in a rural area but is now near homes. The area is zoned for manufacturing and residents sue for nuisance. If the manufacturer prevails, what is the likely reason?
• A cyclist was riding on a sidewalk when someone in a parked car suddenly opened the door into her path. She entered the landowner's property to avoid the crash and damaged the owner's lawn ornaments. In a suit by the landowner against the cyclist for the damage to the ornaments, what is the likely result?
• Negligence per se is best described as which of the following?
• A pilot flies into a flock of birds, causing engine damage. He makes a forced landing in a farmer's field, damaging crops. If the farmer sues the pilot, what will he likely recover?
• A professional negotiates a plan with a patient and fails to meet the standard of care expected of professionals in that field. Which standard governs the duty of care?
• A foreman throws a brick at a striker; the brick misses the striker and strikes a security guard who intervened. Under the transferred intent doctrine, can the security guard recover in a battery action against the foreman?
• A worker is severely burned when a pipe carrying hot oil explodes. The worker sues the pipe manufacturer, who installed the pipe. Evidence shows the pipe burst due to corrosion at an unusually high rate, indicating a defect in manufacture. The manufacturer moves for a directed verdict after the worker’s case. How should the court rule?
• With his father's permission, a 14 year old and a friend take the family powerboat out on a lake. The boat is moved into a 5 mph no wake zone but the boy drives at 15 mph and collides with another boat, injuring the other boater. State law requires operators under 16 to be accompanied by an adult. Which party is likely to prevail in a negligence action for negligent entrustment?
• Which statement accurately describes the torts of assault and battery?
• If a homeowner is sued for contractor negligence, which defense is most clearly applicable when the homeowner can show proper due care in selection and supervision of the contractor?
• A driver hires a body shop to repaint his race car yellow, but it is repainted pink and the driver loses endorsements as a result. If the driver sues for the body shop’s treatment of the car, what is the most likely basis for recovery?
• An elderly neighbor sustains injuries after a car parked on a city street caused hydrant damage during an accident. Will the elderly neighbor recover against the driver?
• In the 14-year-old pilot scenario, which factor most directly supports liability?
• An online retailer sells a product that harms a consumer due to a manufacturing defect. The consumer sues for strict liability in tort. Which element is required to establish liability?
• A pregnant woman in her seventh month is prescribed a drug for arthritis relief. The literature warns the drug should not be used in pregnancy because it causes enlargement of the ears of male children at puberty. The son is born with large ears and suffers distress. If the son sues the doctor, who will likely prevail?
• A passenger sues the cab owner for injuries after brake failure caused by service center using wrong parts. Under traditional liability principles, who should prevail?
• A physician performs scheduled surgery on the patient’s right ear but discovers a likely similar abnormality in the left ear and extends the operation to the left ear. If the patient sues for only consenting to right-ear surgery, will the patient likely recover damages?
• A 14-year-old pilot with limited experience flies despite advisories and damages an executive's airplane. What is the likely reason for liability?
• An impatient driver driving at a pedestrian who is listening to music with a loud volume causes another bystander to pull the pedestrian to safety. The pedestrian trips and is injured. If the pedestrian sues for assault, what is the likely result?
• What is the minimum element that must be proven to establish battery?
• An investor who owned several thriving shopping malls negotiated to purchase a local mall. A staff attorney for the state transportation department told the investor that the state planned to construct a new interchange near the mall. The investor went ahead with the purchase, believing the plan. No interchange was planned. The investor sues for misrepresentation. Which outcome is most likely?
• A man arrives at a jewelry store where rings are displayed and is observed by a guard near the rings. The guard, without touching him, orders him to go to the back of the store to be searched. The man goes to the back, and the clerk later tells the guard that all rings are in the case. If the man sues for false imprisonment and loses, what is the likely reason?
• Which element of nuisance best describes the basis for the glare scenario?
• In a private nuisance case, which of the following is not a required element?
• A man walking on a public street is struck by a rock thrown by a mentally ill boy who suffers from hallucinations. In a suit against the boy for battery, what is the boy’s best defense?
• If a driver enters a neighbor's property to escape a flood and damages the property, what is the typical outcome under private necessity?
• Respondeat superior generally makes an employer liable for which kind of employee conduct?
• For an IIED bystander claim, which condition allows recovery?
• A cyclist on a sidewalk is forced to enter a landowner's yard to avoid a suddenly opened car door. She damages some lawn ornaments in the yard. Is the cyclist liable for the damage?
• A student unknowingly drinks hallucinogenic drug and, hours later in a restaurant, believes someone is strangling her and breaks a cup over a waitress’s head, injuring her. In a civil battery action by the waitress, which fact would provide the best defense for the student?
• In the dining incident where a waitress slips on pudding while attempting to rescue a choking diner and injures another patron, can the injured patron recover against the waitress?
• In a battery case, which element is essential to proving liability?
• In a negligent infliction of emotional distress claim by the owner of a painting when a tenant's air conditioner destroys the painting, is recovery likely if the owner was not in the zone of danger?
• In a negligence case, when is a directed verdict typically granted?
• A man and a friend threaten a bartender, saying, 'If you weren’t so ugly, I would break your skull,' while tapping the bartender on the hand. If the bartender sues, for what tort would the bartender's claim most likely be?
• A woman lends her car to a friend, who then lends it to a neighbor for a long trip. The car is returned undamaged after the trip, but the friend admits he lent it without the woman’s permission. The woman sues the friend for conversion. What is the most likely result?
• Under negligent infliction of emotional distress, which fact is essential for a bystander to recover when witnessing injury to a close family member?
• A shopper sues a grocery store after slipping on water that seeped from a malfunctioning freezer case. In a jurisdiction applying traditional landowner rules, what additional evidence must the shopper present to survive a motion for summary judgment?
• A worker is severely burned when a pipe bursts due to corrosion that expert testimony tied to a defect in manufacture. The manufacturer moves for a directed verdict. What is the proper ruling?
• In the case where a landowner’s property was damaged by a bus driver, which theory primarily supports the landowner’s claim for the damage to the zinnias?
• Shopkeeper's privilege allows detention of a suspected thief under certain conditions. Which statement is correct?
• A five-year-old child touched a downed power line and was burned. Will the child recover against the electric company under a negligence framework?
• In the haunted-house incident, will the man recover against the actor?
• Under traditional landowner liability, which theory would most likely allow the neighbor to recover for the damage to the neighbor's garage from a fireworks display set off by guests?
• In tort law, does a person generally owe a duty to rescue someone in danger?
• A crowded city bus suddenly brakes and a woman in very high-heeled shoes begins to stumble. A man who did not know her steadies her by wrapping his arm around her waist. If the woman sues for battery, what is the most likely outcome?
• During a golf foursome, a golfer swings at her instructor in frustration, but the club slips from her grasp and hits the instructor in the head. If the instructor sues for battery, what is the likely outcome?
• Under the negligent infliction of emotional distress doctrine, which scenario most reliably supports recovery for emotional distress without physical injury?
• Which is the tort of battery?
• Fraud elements include which combination?
• In the garage encroachment case, the neighbor will prevail because the homeowner knew the garage's location when built, even if he did not know the property line. Which option reflects this reason?
• Trespass to chattels damages are measured by which of the following?
• What duty do property owners generally owe to neighboring property owners regarding hedge maintenance?
• A store keeps a wet floor in an aisle and fails to warn customers. The store invites the public onto the premises. The customer sues for premises liability. What duty does the store owe to invitees under premises law?
• A participant signs a waiver releasing claims for injuries from a contact sport. The waiver states that it bars claims for negligence but not for intentional misconduct. A participant is injured during play due to ordinary negligence. What is the effect of the waiver?
• A neighbor’s repeated late-night noise is a persistent nuisance. The neighbor sues for private nuisance. What remedy is most appropriate?
• In a jurisdiction that follows traditional contributory negligence and assumption of risk rules, what is the motorist's best defense when the other driver ran a stop sign and the motorist was using a cell phone?
• In a tort case involving a dangerous sport or activity, which defense is most appropriate for the defendant when the plaintiff knew the activity carried inherent risks?
• What is the measure of damages for property damage in a negligence case against a homeowner?
• In the landowner/scout archery scenario, which fact, if true, would defeat the landowner's liability for injuries caused by an errant arrow?
• Which activity is most likely to be considered abnormally dangerous, imposing strict liability for harm caused to others even without proof of negligence?
• Which of the following best describes how adherence to standard construction practices can affect a negligence case against a homeowner?
• A hockey player misses an open net, then shoots again toward the stands during a hostile game. A fan in the stands is struck by the puck and injured. The league later fines the player for violating league rules. If the fan sues for battery, what is the likely result?
• Which situation most commonly results in the homeowner being liable for contractor's negligence due to control over the work?
• An owner lends antique anvils to a museum and hires movers to lift them to a second-story window using rope and pulley. One of the largest anvils slips and falls without denting the ground. If the owner sues the movers for negligence, what damages may be recovered?
• A motorcycle enthusiast purchases a motorcycle touted as suitable for all terrain. The shock absorbers that come with the motorcycle are not designed for rough terrain. The owner's manual states that it should not be driven over rough terrain without heavy duty shock absorbers. The purchaser rides in a wilderness area, suffers a crash, and injures. The purchaser sues for strict products liability. Which party is likely to prevail?
• Which statement best describes negligent entrustment in hiring a landscaper?
• A local newspaper published a story about the town's business district, accompanied by photos. A minister walking on the sidewalk was photographed and the photo made it appear that he was exiting an adult bookstore. If he sues for invasion of privacy, is he likely to prevail?
• An elderly man suspected of theft is followed by a clerk who asks him to return to the store for questioning. The man returns, produces a sales slip, and the store apologizes. The elderly man sues for false imprisonment. At trial, the defendant moves for a directed verdict on the theory that reasonable people could only conclude the plaintiff consented to return. How should the judge rule?
• A plaintiff has a preexisting medical condition that makes a fracture more severe. The defendant’s negligent act aggravates that condition. Under the eggshell plaintiff doctrine, how is liability affected?
• A photographer threatens a celebrity by waving a rock and saying, “Take off those glasses or I’ll let you have it,” causing the star to remove her sunglasses. May the star recover from the photographer in an action for assault?
• In the conversion case involving the neighbor borrowing a chain saw, what damages may be recoverable?
• Which statement would most effectively defeat liability in the Scout archery scenario?
• If the neighbor's own actions contributed to the damage, which doctrine reduces or eliminates the neighbor's recovery in a negligence case?
• Which situation most clearly creates a nondelegable duty that could render the hiring party liable for contractor's negligence?
• A store security guard detains a customer for suspected shoplifting. The guard had probable cause to detain. What is the most accurate statement about false imprisonment in this scenario?
• In the auto-tort scenario where a car owner lends her car to a girlfriend for picking up pizza but stopped at a bookstore, who is more likely to prevail if the owner sues the girlfriend on negligence?
• In the diner scenario, who bears liability for injuries to the other patron when the waitress slips on pudding?
• A woman buys a new refrigerator. Two weeks later, she sells the refrigerator to her son. The thermostat in the freezer malfunctions. A technician installs a cooling panel designed for an older model. A month later, the freezer stops again and damages the hardwood floor. The store then installs the proper cooling panel at no charge and the unit works properly after that. The son files a strict liability action against the appliance store for the floor damage. Assume the facts are stipulated. What is the likely result?
• A spectator at a sporting event knowingly exposes himself to the risk of injury and is injured by a punch from a participant. The spectator sues for damages. What is the likely outcome?
• In a res ipsa loquitur scenario, which statement correctly describes the standard for applying res ipsa to a negligence claim?
• Which is LEAST relevant to viability of res ipsa loquitur in a tort action?
• Which statement correctly describes strict liability for abnormally dangerous activities?
• A driver runs a red light and hits a pedestrian. The pedestrian sues for negligence per se. Under negligence per se, when is a violation of a safety statute evidence of breach?
• In the brake-fluid scenario where the driver borrowed a car and brake fluid leakage caused a collision, who is most likely liable for the collision given the wife was warned but did not tell the driver?
• An employee driving a bus injures a pedestrian while performing duties. The employer is therefore liable if the employee was acting within the scope of employment. Which statement is correct?
• In a comparative fault system, how are damages allocated when the plaintiff is partly at fault?
• Which element is essential to establish the tort of false imprisonment?
• A traveler asks a service station owner to check the oil in her car. The owner, who has just received an alert about a suspect in robberies, detains the traveler, tells her a broken fan belt requires a replacement, and asks her to stay in the office while he “fixes” it. The traveler waits, the police arrive, and determine she is not the robber. She sues for false imprisonment. What is the likely result?
• What duty does a landowner owe to an invitee on the land?
• Res ipsa loquitur requires which condition to apply?
• In the bus driver scenario, where a pedestrian caused harm to a landowner's zinnias by trying to avoid the bus, what is the likely liability theory?
• A boater runs out of gas due to a defect in the gas tank seal. A nearby captain attempts to help, and a spark ignites leaked fuel causing an explosion that kills the captain. The captain's estate sues both the dealer and the manufacturer for wrongful death under strict liability. Can the captain's estate recover from the dealer?
• In IIED, the plaintiff must show that the defendant's conduct was what?
• At a youth baseball game, a seven-year-old boy swings a bat at the umpire after the father shouts 'Kill the umpire!'. The umpire, in a tort action against the boy, will the umpire recover?
• A con man persuades a college student to audition as a partner in a trick shot demonstration. The con man asks the student to stand 75 feet away and hold a lit cigarette between her lips; Using a high-powered rifle, he shoots the cigarette out of her mouth three times. He later offers her a job with the show. The student sues for intentional torts. If the con man raises a defense of consent, what is the best argument for rejecting that defense?
• What standard governs a directed verdict determination in a civil negligence case?
• Private nuisance typically requires which showing?
• The absence of protective netting on the back side of a wall in a hedge-trimming scenario most strongly indicates which concept?
• A driver ran a stop sign and struck a jogger who was on a jogging path. On what standard of care will the driver be judged?
• In the antenna scenario, why is the neighbor likely to prevail against the inventor?
• A 10-year-old boy and two other children damaged a woman's car. A statute provides that parents are liable for the willful and intentional torts of their minor children up to $5,000. Will the car owner prevail against the boy?
• A newspaper publishes a false statement about a public official's honesty. The plaintiff sues for defamation. What standard must be proven for the public official to prevail?
• In a nuisance action by a neighbor against a homeowner who installed a spotlight solely to annoy the neighbor, is the neighbor likely to prevail?
• In the indoor mall case, if the mall is not liable for the injuries to the child, what is the most likely reason?
• A homeowner hires an independent landscaping contractor to trim hedges near a neighbor's property. The contractor's trimming section falls and damages the neighbor's dinette table. The neighbor sues the homeowner. The homeowner moves for a directed verdict. Should the motion be granted?
• A nuisance case involves a neighbor’s loud music late at night. The appropriate remedy is an injunction to stop the noise. What is a typical remedy in a private nuisance action in addition to injunction?
• An employee of a construction company, working in a high-crime neighborhood, negligently cuts power cables, disabling a home security system. A burglar enters the home and steals valuables. The homeowner sues the construction company for the loss of valuables in a jurisdiction that follows pure comparative negligence. Is the homeowner likely to recover?
• A chemical plant and a steel mill located on a river both negligently discharged toxic waste into the river during the same period. A downstream farmer who used river water for irrigation suffered crop losses. Under basic tort principles, which statement is most accurate regarding liability?
• A neighbor on a second-story ledge is helped by a homeowner who places a ladder against the house atop a patch of ice; a rung rots and the neighbor is injured when the ladder fails. If the neighbor sues, will he recover?
• In a tort action for battery, if consent is given to participate in a demonstration but the organizer misrepresents the participant's abilities, what is the likely outcome?
• Assumption of risk in tort requires which of the following?
• A dog owner lives next to a day care center and trains attack dogs in a large yard with no zoning restrictions. Parents of day care children notice the dogs and some enrollments are lost. If the day care sues for nuisance, what is the most critical factual issue the trier of fact must resolve?
• An underage farm vehicle operator on public roads, allowed by a statute to operate without a license for short trips, is sued by a driver. What standard of care applies to the boy?
• Assumption of risk as a defense in tort is generally recognized in which sense?
• In the town fire chief case, the plaintiff cannot recover because the action served the public good. Which statement is true?
• A company pays a pedestrian injury judgment and then sues the plumber to recoup its loss. Under traditional contribution rules, which party will prevail?
• Which factor would most likely defeat the independent contractor defense?
• A hiker encounters a cross-country skier who later drowns after both fall into a lake. Does the skier have a cause of action against the hiker's estate?
• In the implied consent case arising from a door-less entry, which label best fits the defense?
• A man purchases a newly designed blender. The front of the box proclaims This is the finest blender of its kind. The man uses the blender for weeks. One day his 14-year-old son uses it and the glass container shatters when the locking mechanism is not fully engaged. The boy is injured. The parties stipulate no similar accidents have been reported. The father sues the manufacturer for damages. What result is most likely?
• A photographer sneaks into a celebrity’s home and, after being confronted, the photographer is grabbed and pushed over a railing by the celebrity’s employee. May the photographer recover from the celebrity in a battery action for the employee’s conduct?
• A neighbor enters the neighbor's house and lights matches near the sleeping husband while threatening to burn the house. If the neighbor’s husband sues the woman for assault, will he prevail?
• For a bystander to recover under negligent infliction of emotional distress, which fact is essential for a bystander to recover when witnessing injury to a close family member?
• In a pure comparative negligence jurisdiction, a plaintiff is 30% responsible for an injury and the defendant is 70% responsible. If damages are $100,000, what does the plaintiff recover?
• In the case where an oil company tests a method using concentrated sound waves that cause ground vibrations and subsurface slumping, which fact would be most helpful to the company in avoiding liability?
• A 16-year-old and two other children damaged a woman's car totaling $2,000. The jurisdiction makes parents liable for up to $5,000 for willful and intentional torts of their minor children. In a suit by the car owner against the boy, will the owner prevail?
• A college senior secretly places a hallucinogenic drug in a freshman’s drink, takes the freshman to a clinic, and later the freshman crashes a car and is severely injured. If the freshman sues the senior in battery for injuries from the automobile accident, will she prevail?
• Consent to a medical procedure can be invalid if obtained by misrepresentation that concerns an essential quality of the procedure. Which statement is correct?
• Consent to medical treatment can shield a defendant from liability for battery if what condition is met?
• A company stores old, discarded, and wrecked buses behind a fence susceptible to climbing by neighborhood children. Given the foreseeable danger to children, which doctrine is most likely to make the company liable for injuries to trespassing children who play among the buses?
• Which statement best describes liability for failure to warn when side effects exist but are listed in the printed insert?
• Under the traditional landowner rule, is the neighbor liable when a boy who had permission to retrieve a ball touches an exposed wire hidden by overgrown bushes and is shocked?
• For the twin neighbor's self-defense claim, which standard must be satisfied for a successful defense?
• Governmental immunity typically requires what for tort claims to be actionable?
• Which activity is typically considered abnormally dangerous and subject to strict liability for damages?
• During a high school soccer game, three extra balls are rolled onto the field. The referee kicks the balls to the sideline; the third ball is kicked with force and hits the mother of a player, breaking her nose and causing her to fall from the bleachers. The teenage daughter witnessed the incident and saw her mother injured; she sought treatment for shock. The mother sues the referee for negligent infliction of emotional distress. The referee moves to dismiss. Which theory best supports the daughter's potential NIED claim?
• In the self-defense scenario, which statement best states the privilege's requirement?
• Assuming the fire chief's conduct to evacuate by blowing up a house was reasonable, what can the plaintiff recover in an action against the town?
• In the same scenario, which principle most strongly supports a defense against a battery claim?
• A 15-year-old boy, at a dinner party, sets up a bucket of water to douse a guest who opens a partially opened door. The bucket falls on a guest, causing a scalp laceration. In determining the boy's culpability, the court should apply:
• A plaintiff rents a lakeside cabin and, after mistakenly entering the wrong cabin, starts a fire when the blocked fireplace flue causes an explosion. The cabin owner knew the flue was blocked but had not repaired it. Who is likely liable?
• A professional football player signs a written consent for his team's doctor to perform a knee operation. During surgery, the doctor asks a world-famous orthopedic surgeon to perform the operation; The operation is successful. In an action for battery by the athlete against the surgeon, what is the likely result?
• In a jurisdiction with traditional joint and several liability and no other statutes, two defendants are negligent, with total damages of $100,000. How should the verdict be entered?
• In the encroachment scenario, which remedy is typically available to stop the encroachment even if no damages occurred?
• What is the key issue for the finder of fact in the cliff-jumping scenario between two men at a cliff while the neighbor is injured?
• In the collision where a driver with an expired license hit another car, what is the best reason why the expired license will not affect the other driver's claim?
• Under partial comparative negligence, if the defendant is 90% at fault and the plaintiff is 10% at fault, what is the plaintiff's recoverable percentage?
• A patient visits a dermatologist for a skin condition that resisted standard treatment. The dermatologist prescribes a new topical antibiotic cream and does not discuss potential side effects. Shortly after starting treatment, the patient develops a green discoloration and a burning sensation. The cream's printed insert lists uncommon side effects, including green pallor and irritation. Under tort law, which theory most likely supports the patient's claim against the dermatologist?
• In a wrongful birth claim arising from negligent sterilization that leads to a pregnancy with a hereditary condition, which damages are typically available to the parents?
• A waste management company owner posts signs reading 'NO TRESPASSING—NO SLEDDING' around a landfill. A 10-year-old neighbor sleds down dirt mounds and is injured on a nearby highway. In a jurisdiction with traditional contributory negligence rules, is the waste management company liable for the injuries?
• To apply res ipsa loquitur, which element is required?