Mbe Torts Exam Prep

The Multistate Bar Examination (MBE) Torts section tests your knowledge of liability rules, defenses, and key concepts within various tort claims such as negligence, intentional torts, and strict liability. Understanding the distinctions between different torts, as well as the defenses available to defendants, is critical for success. Additionally, familiarize yourself with the relevant Restatements and major case law that influence tort liability.

1. Negligence requires a duty, breach of duty, causation, and damages.
2. Intentional torts require the actor to have intended to cause harm.
3. Strict liability applies to abnormally dangerous activities.
4. The 'eggshell skull' rule means defendants are liable for foreseeable injuries sustained by a plaintiff, regardless of the plaintiff's preexisting conditions.
5. Contributory negligence can bar recovery unless the jurisdiction follows comparative negligence.

In addressing the issue of negligence, it is crucial to establish whether the defendant had a duty of care to the plaintiff. In most jurisdictions, a reasonable person standard is applied to ascertain the appropriate level of care expected. If it is determined that the defendant breached this duty, the next step is to demonstrate causation - both actual and proximate - linking the breach to the plaintiff's injury. Finally, it must be shown that the plaintiff suffered actual damages as a result of the defendant's actions. For example, if a store fails to maintain safe conditions, and a customer slips and falls as a direct result, this exemplifies a potential case of negligence.