MBE Tip of the Day – Torts
MBE Tip of the Day: Torts
Welcome to our MBE tip of the day series. This “MBE tip of the day” post focuses on Torts.
You will see 25 scored Tort MBE questions on the Multistate Bar Exam. In this post, we will review one question together. Note that we have posted several MBE tips (which you can find links to at the bottom of this post) that focus on a specific multiple-choice question that many students answer incorrectly. If you can master these questions, it could increase your MBE score by that many points if you see any of these issues tested again (which, by the way, you will!). These posts of MBE tips and tricks will not only cover substantive law but also strategy. So each “MBE tip of the day” post covers one highly-tested area of substantive law as well as an important MBE strategy. You can sign up to receive these posts directly to your inbox for the upcoming administration at the bottom of this page.
MBE Tip of the Day Instructions:
Do your best to answer this MBE question (before even looking at the answer choices and before looking at the answer below!) Ask yourself: What is the subject? What is the legal issue? What is the rule and analysis? Finally, what is the conclusion? Try to answer these beginning questions before even reading the answer choices. Then, uncover the answer as well as read more about our MBE tip of the day.
Show the MBE Question...
Torts MBE Question
A 16-year-old boy was operating a motor boat. While operating the motor boat, the boy got distracted by text messages from his friend and the boy inadvertently struck a woman sitting in a canoe in his path. The boy did not know the woman was there. The woman suffered serious injuries and sued the boy for battery.
Will the woman succeed?
(A) Yes, if the trier of fact finds that a boy of his age, intelligence, and experience would have been able to avoid the collision.
(B) Yes, because the boy intended to drive the boat, which caused her harm.
(C) No, because the boy did not intend to strike the woman.
(D) No, because the boy did not make direct physical contact with the woman.
Subject:
Legal Issue:
Legal Rule and Analysis:
Choose an answer choice that most closely matches your conclusion and explain why the others are incorrect:
Show the Answer to the MBE Question...
Answer to the Tort MBE Question
Subject: Torts
Legal Issue: Did the boy commit battery?
Legal Rule and Analysis: A battery is an act with intent to commit a harmful or offensive contact or imminent apprehension of such contact and a harmful or offensive contact directly or indirectly results.
Here, the boy did not intend to commit a harmful or offensive contact or an imminent apprehension. Indeed, the facts say that the boy “inadvertently strikes” the woman and “did not know that the woman was there.” Thus, he could not have formed the intent to cause harm and will not be liable for battery.
Conclusion: The boy is not liable for battery because he lacked the requisite intent.
Look at the answer choices provided. Choose an answer choice that matches your conclusion. Review the other answer choices provided.
The answer choice (C) is therefore correct.
(A) is incorrect because it mixes up intentional torts with negligence. This “age, intelligence, and experience” language is the standard of care that children are judged by in a negligence claim. (Note it would not apply here even if it was a negligence claim as operating a motor boat is an adult activity.) Thus, this answer choice is incorrect for a few reasons. If you picked this answer choice, make sure you have a bigger picture of the law in your head. It would be worth it to closely review your outlines (or make your own “bigger picture” short outline for Torts) so that you can see how the concepts fit together.
(B) is incorrect because it is not the intent to do the act that causes the harm that matters for intentional tort purposes. Rather, one must intent to cause harm.
(D) is incorrect. If you chose this one, work on closely memorizing your definitions! A battery is “an act with intent to commit a harmful or offensive contact or imminent apprehension of such contact and a harmful or offensive contact directly or indirectly results.” Thus, he does not need to physically contact her with his body. The contact that directly resulted was the boat striking her.
MBE Tip: Pay close attention to the call of the question. Here, the question asks about battery. If you applied a negligence standard, make sure to have a bigger picture of the outline in your head. Review your outlines closely or make your own one-page “road map” of each subject so that you know when specific standards apply. (Some students also purchase our MBE one-sheets for this purpose.)
Show Summary of the Two Key Takeaway Points for the Day
Key Takeaways and MBE Tips From Prior Posts
Takeaway for the Law: A battery is an act with intent to commit a harmful or offensive contact or imminent apprehension of such contact and a harmful or offensive contact directly or indirectly results.
MBE Tip: Pay close attention to the call of the question. Here, the question asks about battery. If you applied a negligence standard, make sure to have a bigger picture of the outline in your head. Review your outlines closely or make your own one-page “road map” of each subject so that you know when specific standards apply. (Some students also purchase our MBE one-sheets for this purpose.)
Want to See Past MBE Tip of the Day Posts?
If you would like to see “MBE tip of the day” posts from prior days, please check out all of our past MBE tip of the day archives here! We have several of them and we list them by subject!
Looking for additional MBE help? If you are looking for MBE help, read our 10 expert MBE tips here. Check out our step-by-step guide to improving your MBE score, please review this post for an overview of tips. If you would like to have the next MBE tip emailed to you when we come out with another one, please fill out the form below.
MBE Tip of the Day
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