Summit Gym advertises that a trained attendant is always on duty and that an automated external defibrillator is available near the treadmills. During a busy evening, Nolan, a paying member, collapsed while running on a...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...ilway, is the commuter likely to establish that the worker owed her a duty based on the shove? This question tests foreseeable-plaintiff limits on duty. NCBE MBE Subject Matter Outline, Torts, Palsgraf duty principles
Citations: NCBE MBE Subject Matter Outline, Torts, Palsgraf duty principles
...n section of an objective memorandum analyzing whether a store owed a duty to protect a customer from a third-party assault. The Library includes a statute and three cases. One case lists foreseeability factors, one appl...
Citations: NCBE MPT preparation materials, NCBE MPT test-day instructions
State D imposes a sales-tax collection duty on remote retailers with more than $100,000 in annual sales to State D customers or more than 200 separate sales delivered into the state. The tax applies at the same rate to i...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Complete Auto Transit, Inc. v. Brady, South Dakota v. Wayfair, Inc.
Trustee breached the duty of loyalty by directing trust business to Trustee's separate company. The trust paid $40,000 more than a reasonable market price, and Trustee's company earned $25,000 in net profit from the tran...
Citations: Uniform Trust Code section 1002
...e 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 excuse. NCBE MB...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...l and broke 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 (Sec...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A 12-year-old rode her bicycle on a residential sidewalk. While racing a friend, she looked backward and struck an adult pedestrian stepping out of a gate. The pedestrian sued the child for negligence. The jurisdictio...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A factory used a press with an exposed pinch point. Similar factories in the region also used presses without guards. A metal guard costing $300 would have prevented workers' hands from entering the pinch point, and t...
Citations: NCBE MBE Subject Matter Outline, Torts, The T.J. Hooper custom principle
A fire-safety statute requires hotel stairwell doors to remain closed so smoke will not spread during a fire. A hotel propped one stairwell door open with a heavy rubber doorstop while a maintenance employee carried t...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A grocery customer slipped on a crushed grape in the produce aisle. Store video showed that the grape had fallen from a display 45 minutes before the fall. Two employees walked past the aisle several times without loo...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...otruding 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 (Secon...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
A patient was unconscious under anesthesia during knee surgery. After surgery, she discovered a deep burn on her shoulder, far from the surgical site. The evidence showed that a warming device had been placed near her...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...t by a turning bicycle. Which statement best describes the passerby's duty? This question 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
...ich statement is most accurate? This question tests the 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
...p.m. Leah sues Harbor Market for negligence. Analyze 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...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...s expert 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 e...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Third) of Torts
Maya, age 14, regularly used her family's small motorized utility cart to deliver supplies between two farm stands. One afternoon, she drove the cart on a public road to deliver a box of flyers. The cart could travel...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...e stopping production would reduce quarterly bonuses. Which fiduciary-duty concept is most directly implicated? The correct answer distinguishes bad faith from ordinary business failure. General corporate fiduciary-duty...
Citations: General corporate fiduciary-duty principles
...tion Act business-opportunity principles, General corporate fiduciary-duty principles
Citations: Model Business Corporation Act business-opportunity principles, General corporate fiduciary-duty principles
...pace from the warehouse company at above-market rent. Which fiduciary duty is most directly implicated? The correct answer recognizes the conflict as a loyalty issue rather than merely a bad business decision. General co...
Citations: General corporate fiduciary-duty principles
...fails. Which statement best describes the directors' likely fiduciary-duty defense? The best answer states the standard protection for a care-based challenge to an informed board decision. General corporate fiduciary-dut...
Citations: General corporate fiduciary-duty principles
...tary liability to the fullest extent permitted by law. What fiduciary-duty claims are strongest, and what defenses are available? Discuss. This essay tests fiduciary-duty liability for compliance failures without turning...
Citations: General corporate fiduciary-duty principles, Model Business Corporation Act director-liability principles
...n to expand into rural hospital networks. Did Dana breach a fiduciary duty by taking the North Ridge contract? What remedies should a court consider? Discuss. This essay focuses on corporate opportunity doctrine rather t...
Citations: NCBE MEE Business Associations outline, General corporate fiduciary-duty principles
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