...says many busy clinics rely on intake screening. Analyze the duty and breach issues against Dr. Lin and Valley Imaging. Discuss the relevance of professional custom, internal policy, and expert testimony. This essay test...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Third) of Torts
...ce and assumption-of-risk arguments. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...f damages after a negligence injury. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...ze whether the statute supplies the standard of care and whether Omar breached his duty. Address Omar's best arguments. This essay tests negligence per se as a duty-and-breach doctrine, including statutory purpose and ex...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...ke her hip. Which statement best describes the bus company's duty and breach exposure? This question tests heightened duty and breach for common carriers. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of T...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...the ordinary child standard of care. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...e evidence of industry custom? This question tests how custom affects breach. NCBE MBE Subject Matter Outline, Torts, The T.J. Hooper custom principle
Citations: NCBE MBE Subject Matter Outline, Torts, The T.J. Hooper custom principle
...m requirement for negligence per se. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...that morning. Which statement best describes the customer's proof of breach? This question tests constructive notice for a transitory premises condition. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of T...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...corner, and fell. Which statement best describes the store's duty and breach argument? This question tests duty and breach for visible premises hazards. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Tor...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
A party failed to deliver as promised and the nonbreaching party incurred substitute-performance costs. A party relied on common practice, but the record includes facts suggesting that practice was unreasonable or incomp...
Citations: Hadley v. Baxendale, Restatement contract remedies, UCC Article 2 remedies
...to the patient. Which statement best describes the patient's proof of breach? This question tests proof of breach through res ipsa loquitur. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...estion tests undertaking-based duty. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...oreseeable-plaintiff limits on duty. NCBE MBE Subject Matter Outline, Torts, Palsgraf duty principles
Citations: NCBE MBE Subject Matter Outline, Torts, Palsgraf duty principles
...e common-law no-duty-to-rescue rule. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...alyze Harbor Market's duty and whether the facts support a finding of breach. Address the strongest arguments on both sides. This essay tests invitee duty and breach for a known or discoverable store spill. NCBE MBE Subj...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
In a federal breach-of-contract action, the parties held their Rule 26(f) conference on June 1. The court has not set a different disclosure deadline. The defendant has identified two employees likely to support its defe...
Citations: Fed. R. Civ. P. 26(a)(1), Fed. R. Civ. P. 26(e), Fed. R. Civ. P. 26(f)
...ave swerved. Analyze the applicable standard of care and whether Maya breached it. Address Maya's child-standard and sudden-emergency arguments. This essay tests child standards of care, the adult-activity exception, and...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Sierra sued Atlas Corp. in federal district court for breach of a state-law contract. Sierra and Atlas are both citizens of State Q, and the complaint alleges $40,000 in damages. No federal statute is involved. Atlas ans...
Citations: Fed. R. Civ. P. 12(h)(3), 28 U.S.C. 1447(c)
...he premises and once the employee began to help. Analyze the duty and breach issues against Summit Gym and the employee. Also explain whether the same duties would apply to uninvolved gym members who merely watched. This...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...al cause and future medical damages. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...d work only half time and needed periodic pain treatment. Ravi admits breach and admits that the collision caused some injury, but argues that he should pay only for ordinary whiplash because Lena's severe injury was unf...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...ry immunity as a negligence defense. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...o pay anything, arguing that any deviation from the plans was a total breach. The builder argues that the contract was substantially performed and, in any event, the three shelters were separately priced. Analyze the cit...
Citations: Restatement (Second) of Contracts 237, Restatement (Second) of Contracts 240, Restatement (Second) of Contracts 241, NCBE NextGen UBE Content Scope, Contracts
USABarPrep Coach