Answer to MBE Question From January 7th

(C)  is correct.   Issue: Whether the fisherman can recover against the repair shop for failing to discover the defect in the boat during its inspection.   Rule: For  a  claim  of  negligence,  a  plaintiff  must  prove  that  he  was  owed  a  duty  of  care  by  the  defendant, that the duty was breached, that the […]

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See If You Can Answer This MBE Question!

A fisherman bought a new boat from a dealer. The first time he took the boat out, the boat started making a strange noise. Concerned, the fisherman turned around and took the boat back to shore where he brought it to a boat repair shop that  specialized  in  the  types  of  boat the fisherman bought. […]

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Answer to MBE Question from December 20th

(B) is correct.   Issue: Whether the pilot can recover against the airplane dealer in products liability.   Rule: Strict  products  liability  imposes  responsibility  for  injuries  from  the  defendant’s  products,  without proof of negligence, on manufacturers and sellers. A commercial supplier or merchant that sells any product in a defective condition unreasonably dangerous to the […]

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See If You Can Answer This MBE Question

A trained pilot purchased a brand new airplane from a dealer. Upon his first flight with the airplane, the pilot began to smell something burning. After a few minutes, when the smell did not subside, he decided to head to the nearest airport, but crashed along the way. As a result, the pilot was badly […]

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Answer To MBE Question From December 18th

(D)  is correct.   Issue: Is the designer liable to the pop star under a theory of appropriation for posting a magazine picture of the pop star in her boutique?   Rule: The tort of appropriation is a form of  invasion  of  privacy.  A  party  who  uses  the  name  or  likeness of another party for […]

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See If you Can Answer This MBE Question

A famous pop star is known for her outrageous and unique stage costumes. She has stated that she enjoys shocking and surprising audiences with her fashion choices.   A fashion designer wanted to promote her line of creative unconventional clothing and sent the pop star one of her outfits in hope that she would wear […]

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Answer To MBE Question From December 13th

(D) is correct.   Issue:  Which cause of action does  the  actress  have  against  the  bakery  for  using  her  picture  to  advertise its products?   Rule: The  tort  of  appropriation  is  a  form  of  invasion  of  privacy. A party who uses the name or likeness of another party for its own commercial benefit is subject […]

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Try Answering This MBE Question!

A movie actress is famous for her figure and many photos of the actress are in circulation that have been distributed with her permission. A  bakery, seeking to advertise its  bread, publishes a widely distributed photograph of the actress in a  newspaper to advertise  its  new  line  of  low-calorie  bread. The actress was insulted, and […]

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Answer To MBE Question From December 11th

(C) is correct.   Issue: Whether the newspaper is liable for defamation for publishing a false article about a public figure without malice or recklessness.   Rule: Defamation occurs when a false statement is spoken (slander) or written (libel) or any other form of communication of a false statement is made to a third person, […]

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Try Answering This MBE Question!

A newspaper ran a feature article that alleged that 10 years ago a prominent husband of a CEO, who was a famous actor, ran a gambling ring to generate money for bribes to secure contracts.  The story named the CEO and her husband by their surnames. Although the story was false, the reporter who wrote […]

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Answer To MBE Question From December 7th

(D) is correct.   Issue: Whether the pedestrian can recover under negligence per se against the truck driver.   Rule: Negligence per se applies if a statute codifies a duty for the benefit of a class of people.  Statutes can  create  a  special  duty  of  care  in  addition  to  or  in  place  of  the  general  […]

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See If You Can Answer This MBE Question

A local the traffic law makes it illegal for any vehicle to stop in the crosswalk. A pedestrian crossing the street had to walk away from the crosswalk in order to walk around a truck that was stopped in the crosswalk. Thereafter, the pedestrian was struck by another car that was driving five miles above […]

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Answer To MBE Question From December 5th

(C) is correct.   Issue: How will plaintiff’s own violation of a statute affect recovery?   Rule: Statutes can create a special duty of care in addition to or in place of the general duty of care under the “reasonable person standard”. A statute (criminal  or  civil) will give rise to a  special or specific […]

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See If You Can Answer This MBE Question!

A state’s traffic code makes it illegal for pedestrians to cross a street when there is a “do not cross” signal. A pedestrian wanted to cross the street, but a van parked in front the traffic control signal made it impossible for the pedestrian to see the sign. The sign was blinking the “do not […]

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Answer to MBE Question From December 3rd

(D) is correct.   Issue: Whether the father’s actions satisfies the elements of intentional infliction of emotional distress.   Rule: The elements of intentional infliction of emotional distress are: (i) defendant’s conduct must be  extreme  and  outrageous  transcending  all  bounds  of  decency  tolerated  by  society;  (ii) defendant must  intend  to  cause,  or  must  recklessly  disregard  […]

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See If You Can Answer This MBE Question!

A  father wanted the neighbor’s son to stay away from his daughter. One  day, when he saw the son speaking with his daughter, the father chased away the son and yelled at the neighbor from across the fence. The father shook his fist and threatened to throw the son over the fence if he ever […]

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Answer To MBE Question From November 29th

(B) is correct. Issue: Whether there was a trespass to land. Rule: Trespass occurs when the defendant interferes with the plaintiff’s possession of the land. A defendant is liable for trespass to land if he intentionally enters the land of another person without lawful excuse.  Note that the plaintiff need not prove actual injury to […]

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See If You Can Answer This MBE Question!

A group of children often play on the grass behind their home. Sometimes the children play beyond their property and in the neighbor’s field. The neighbor repeatedly told the children’s parents that he does not want anyone crossing into his field. The children’s parents however forgot to tell their children to stay out of the […]

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Answer To MBE Question From November 27th

(D) is correct. Issue: Does the woman have a tort claim against the man when she was not touched nor did she fear being touched? Rule: Assault – an intentional tort – is defined as causing another person to reasonably fear harmful or offensive bodily contact. Assault is an attempt to commit a battery. No […]

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See If You Can Answer This MBE Question!

A man sees a woman who rejected his earlier advances. The man goes up to her and pulls on her backpack. Though he stopped her briefly, the backpack was not damaged and the woman did not fear contact to herself. The man never actually touched the woman and walked away after the woman yelled at […]

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Answer To November 21st MBE Question

Issue: Whether the fan has a valid claim against the radio station for the use of his voice without his permission. Rule: The  tort  of  appropriation  is  a  form  of  invasion  of  privacy.  A party who uses the name or likeness of another party for its own commercial benefit is subject to liability for appropriation. […]

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See If You Can Answer This MBE Question!

A  fan  called  a  radio  station  to  compete  in  a  contest. The  disc  jockey  asked  the  fan  a  few  trivia   questions   which   the   fan   answered   correctly  to  win  the  prize.  The  disc  jockey  then  asked  the  fan  to  shout  the  name  of  the  radio station     and     the fan     did so enthusiastically. Without the fan’s knowledge, […]

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Taking The Bar Exam A Second Time? What You Really Need To Know

Whether you are retaking the exam for the second, third, or even the twelfth time — the first step to success on the upcoming exam is the same. If you were unsuccessful on the bar exam and you have to take it again, you may be feeling a wave of emotions — from embarrassment to […]

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Answer To MBE Question From November 19th

(A) is correct. Issue:  Whether  the  fan’s  intent  to  hit  the  other  fan  with  the  beer  can be  transferred to the bystander. Rule: The doctrine of transferred intent holds that a defendant who intends to commit a tort against one person, but instead commits that or another tort upon another person will be liable to […]

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