Negligence Per Se
Negligence Per Se Torts Torts Negligence Per Se Complete Torts List TortsThis topic appears in the UBE 2026 Rules Library master list under Torts.Negligence Per SeUse this entry as the rule-review checkpoint for Negligen...
Results for “Negligence Per Se Negligence Per Se”
A plaintiff injured in a negligence accident presents expert testimony that she will need a second knee surgery withi...
A plaintiff injured in a negligence accident presents expert testimony that she will need a second knee surgery within three years, that the need is medically probable, and that the surgery will likely cost between $38,0...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
In a negligence trial, a qualified accident-reconstruction expert will testify that the defendant's truck crossed the...
In a negligence trial, a qualified accident-reconstruction expert will testify that the defendant's truck crossed the center line and caused the collision. The defendant objects that causation is the ultimate issue for t...
Citations: Fed. R. Evid. 704(a), Fed. R. Evid. 704(b)
Negligence
Negligence Torts Torts Negligence Complete Torts List TortsThis topic appears in the UBE 2026 Rules Library master list under Torts.NegligenceUse this entry as the rule-review checkpoint for Negligence.Complete Torts Lis...
A city hired Ridge Blasting to remove bedrock for a sewer tunnel beneath a residential block. Ridge obtained permits,...
...orker acted carelessly. Ridge argues that it cannot be liable without negligence because the work was lawful, useful, and carefully performed. The homeowners argue that blasting in a residential block is abnormally dange...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
A pedestrian suffered a broken wrist because of a driver's negligence. Doctors recommended a safe, routine cast chang...
A pedestrian suffered a broken wrist because of a driver's negligence. Doctors recommended a safe, routine cast change that would probably prevent permanent stiffness. The pedestrian unreasonably refused the cast change...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Defenses to Negligence
Defenses to Negligence Torts Torts Defenses to Negligence Complete Torts List TortsThis topic appears in the UBE 2026 Rules Library master list under Torts.Defenses to NegligenceUse this entry as the rule-review checkpoi...
A factory used a press with an exposed pinch point. Similar factories in the region also used presses without guards....
...es. A worker's hand was crushed while clearing a jam. In the worker's negligence action, how should the court treat the evidence of industry custom? This question tests how custom affects breach. NCBE MBE Subject Matter...
Citations: NCBE MBE Subject Matter Outline, Torts, The T.J. Hooper custom principle
A state Good Samaritan statute provides immunity from civil liability for an uncompensated person who provides emerge...
...use the crash. How should the statute affect the bicyclist's ordinary negligence claim against the volunteer? This question tests statutory immunity as a negligence defense. NCBE MBE Subject Matter Outline, Torts, Restat...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
An experienced swimmer standing on a public dock saw a stranger struggling in calm water 20 feet away. The swimmer ha...
...ranger was injured before someone else rescued him. In the stranger's negligence action against the swimmer, which statement is most accurate? This question tests the common-law no-duty-to-rescue rule. NCBE MBE Subject M...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Negligence / Defenses
Torts Defenses Negligence Negligence / Defenses Negligence Defenses Negligence / Defenses
A bookstore hired an independent painting company to repaint one wall after closing. The painting company chose its o...
...urate regarding the bookstore's vicarious liability for the painter's negligence? The store hired a separate business to produce a result and did not control the details of painting. Without an exception, the store is ge...
Citations: Restatement (Third) of Agency section 7.07
A contractor negligently failed to install a required handrail on a temporary stairway. A worker carrying a sealed pa...
...even if the handrail had been installed. Is the contractor liable in negligence for the worker's fall based on the missing handrail? This question tests but-for causation. NCBE MBE Subject Matter Outline, Torts, Restate...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A delivery driver negligently caused a crash that blocked the only road into a shopping center for four hours. No one...
...an the bakery likely recover its lost retail sales from the driver in negligence? This question tests damages limits for pure economic loss. NCBE MBE Subject Matter Outline, Torts, Restatement (Third) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Third) of Torts
A driver left a crowded stadium after drinking heavily. Security guards warned him that thousands of pedestrians were...
...ghter, actual cause, proximate cause, and the effect of the surgeon's negligence. This essay tests depraved-heart murder, reckless manslaughter, criminal negligence, and causation through medical treatment. NCBE NextGen...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2, Model Penal Code 210.3, Model Penal Code 210.4
A fire-safety statute requires hotel stairwell doors to remain closed so smoke will not spread during a fire. A hotel...
...should the court treat the hotel's statutory violation in the guest's negligence action for the tripping injury? This question tests the protected-harm requirement for negligence per se. NCBE MBE Subject Matter Outline...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A plaintiff files a state-law negligence action in State A court. Complete diversity and the amount in controversy ar...
A plaintiff files a state-law negligence action in State A court. Complete diversity and the amount in controversy are present, but one properly joined and served defendant is a citizen of State A. Which statement best d...
Citations: 28 U.S.C. 1441(b)(2)
Blake, a delivery driver, looked down to accept a dispatch on his phone while driving through an intersection. Mina e...
...lt. The parties ask the court to determine the legal effect of Mina's negligence under several possible negligence-defense regimes. Analyze Mina's recovery under: (a) pure comparative fault; (b) a modified comparative fa...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
Harbor Market invited customers to sample infused olive oils at a small table at the end of aisle four. At 1:10 p.m.,...
...nspection of aisle four was at 12:03 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...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
In a negligence action after a night highway collision, the plaintiff claims that a trucking company driver was speed...
In a negligence action after a night highway collision, the plaintiff claims that a trucking company driver was speeding and could have stopped in time. The defense expert testifies that, assuming the truck was traveling...
Citations: NCBE NextGen UBE Content Scope, Evidence, Fed. R. Evid. 401, Fed. R. Evid. 403, Fed. R. Evid. 611(a)
Leah sued City Bus Co. and driver Owen in federal court. Count 1 asserts a federal civil-rights claim against City Bu...
...im against Owen based on the same arrest. Count 3 asserts a state-law negligence claim against City Bus for a separate bus accident involving Leah three months earlier. Leah and Owen are citizens of the same state; City...
Citations: 28 U.S.C. 1367, United Mine Workers v. Gibbs
One party acted after receiving notice of a legal risk tied to Negligence. The key event occurred after warnings, par...
One party acted after receiving notice of a legal risk tied to Negligence. The key event occurred after warnings, partial performance, and a written objection by the affected party. The opponent argues that the objection...
Citations: Common law tort doctrine, Restatement tort principles
Sim and Tarlow practice architecture through Sim & Tarlow LLP. The partnership properly filed its LLP registration be...
...im personally, and Tarlow personally. (a) Is the LLP liable for Sim's negligence? (b) Is Sim personally liable? (c) Is Tarlow personally liable solely because she is Sim's partner? Tests the LLP liability shield and the...
Citations: Uniform Partnership Act LLP principles
Actual Cause
...ass to LandTrespass to ChattelsConversionDefenses to Intentional TortsNegligenceDutyBreachCausationActual CauseProximate CauseDamagesNegligence Per SeRes Ipsa LoquiturPremises LiabilitySpecial DutiesNegligent Infliction...