Torts on the MBE
Negligence carries the largest share of the Torts questions, and causation is where most of them turn. These articles cover duty, breach, actual and proximate cause, and damages, along with the intentional torts and their defences, strict liability, products liability theories, defamation and privacy, and the apportionment rules for multiple tortfeasors.
Articles 16
- Strict Liability vs. Negligence on the MBE: When Does the Standard Change?
Some activities trigger strict liability instead of negligence. Learn when the standard shifts, what defenses change, and how the MBE tests this distinc...
- Strict Liability and Products Liability on the MBE
Learn strict liability rules for the MBE — abnormally dangerous activities, products liability (manufacturing defects, design defects, warning defects),...
- Res Ipsa Loquitur on the MBE: When the Facts Speak for Themselves
Res ipsa loquitur allows negligence to be inferred. Learn the elements, when it applies, and how the MBE tests this doctrine in its fact patterns.
- Proximate Cause on the MBE: Foreseeability and Superseding Causes
Proximate cause is one of the trickiest negligence elements. Learn foreseeability analysis, the eggshell plaintiff rule, and superseding intervening cau...
- Products Liability on the MBE: Manufacturing, Design, and Warning Defects
Products liability involves three types of defects. Learn manufacturing defects, design defects (risk-utility and consumer expectation tests), and failu...
- Negligence Per Se on the MBE: When Statute Violations Establish Breach
When a defendant violates a statute, it can establish breach automatically. Learn the elements of negligence per se, applicable statutes, and excuses.
- Negligence on the MBE: Duty, Breach, Causation, and Damages
Negligence makes up half of MBE Torts. Master every element — duty, breach, actual causation, proximate causation, and damages — with MBE-specific analy...
- How to Memorize Intentional Tort Elements for the Bar Exam
A practical system for memorizing every intentional tort and its elements. Active recall techniques that help you distinguish similar torts under pressure.
- MBE Torts: Complete Subject Study Guide
Complete study guide for MBE Torts covering all 4 NCBE categories. Half the questions test negligence — here's how to allocate your prep time.
- Joint and Several Liability on the MBE: Multiple Tortfeasors
When multiple defendants cause harm, how is liability allocated? Learn joint and several liability, contribution, indemnity, and comparative fault appro...
- Invasion of Privacy Torts on the MBE: Four Distinct Claims
Privacy law encompasses four separate torts. Learn intrusion upon seclusion, public disclosure, false light, and appropriation of name or likeness.
- Intentional Torts on the MBE: Battery, Assault, False Imprisonment, and IIED
Master the four personal intentional torts for the MBE — battery, assault, false imprisonment, and intentional infliction of emotional distress — plus t...
- Emotional Distress Claims on the MBE: IIED vs. NIED
Emotional distress arises under both intentional and negligence theories. Learn IIED elements, NIED's zone of danger and bystander rules, and how the MB...
- Duty of Care for Land Occupiers on the MBE: Trespassers, Licensees, Invitees
The duty owed by land occupiers depends on the entrant's status. Learn the traditional categories and the modern trend for premises liability on the MBE.
- Defamation on the MBE: Elements, Defenses, and Constitutional Limits
Defamation questions test both common law elements and First Amendment limits. Learn libel vs. slander, per se categories, and the actual malice standard.
- Comparative Negligence and Contributory Negligence on the MBE
The MBE assumes pure comparative fault unless stated otherwise. Learn how comparative negligence works, plus contributory negligence and assumption of r...
Torts in two columns
FlashTables covers all 7 MBE subjects as printable two-column tables, organized by the official NCBE Subject Matter Outline. Cover one column, test yourself on the other. It's active recall made simple.
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