Duty
Duty Torts Torts Duty Complete Torts List TortsThis topic appears in the UBE 2026 Rules Library master list under Torts.DutyUse this entry as the rule-review checkpoint for Duty.Complete Torts ListIntentional TortsBatter...
Results for “Duty Duty”
Negligence / Duty and Breach
Torts Duty and Breach Negligence Negligence / Duty and Breach Negligence Duty and Breach Negligence / Duty and Breach
Duty of Care
Duty of Care Business Associations Business Associations Duty of Care Complete Business Associations List Business AssociationsThis topic appears in the UBE 2026 Rules Library master list under Business Associations.Duty...
Duty of Loyalty
Duty of Loyalty Business Associations Business Associations Duty of Loyalty Complete Business Associations List Business AssociationsThis topic appears in the UBE 2026 Rules Library master list under Business Association...
An MPT asks for the discussion section of an objective memorandum analyzing whether a store owed a duty to protect a...
...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 cu...
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.
Summit Gym advertises that a trained attendant is always on duty and that an automated external defibrillator is avai...
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
Trustee breached the duty of loyalty by directing trust business to Trustee's separate company. The trust paid $40,00...
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
Corporate officers receive repeated written warnings that a plant is violating safety regulations. They deliberately...
...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
A director learns, through a board presentation, that a landlord is willing to lease a facility perfectly suited to t...
...tion Act business-opportunity principles, General corporate fiduciary-duty principles
Citations: Model Business Corporation Act business-opportunity principles, General corporate fiduciary-duty principles
A director owns a warehouse company. Without disclosing that ownership, the director persuades the corporation to lea...
...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
A disinterested board studies three expansion options for several weeks, consults management and outside advisers, an...
...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
A railway worker rushed to help a late-arriving passenger board a train. The passenger carried a plain, wrapped cardb...
...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
FreshPath Foods, Inc. sells packaged meals to grocery stores. Over 18 months, its quality-control director sent the C...
...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
HarborMed, Inc. develops software for hospital scheduling. Its chief technology officer, Dana, was asked by the board...
...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
Oak & Iron, Inc. is a closely held corporation with three shareholders. Ana owns 60%, Ben owns 25%, and Cara owns 15%...
...arket. Ben sues Ana and the corporation, alleging breach of fiduciary duty and minority oppression. Ana argues that shareholders have no right to employment or dividends and that the board may set salaries and leases. Ho...
Citations: General controlling-shareholder fiduciary-duty principles, NCBE MEE Business Associations outline
A state statute provides: "During posted school-arrival hours, every motorist approaching a marked elementary-school...
...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
An elderly passenger boarded a city bus using a cane. The driver watched the passenger tap a transit card and remain...
...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 ad...
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 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...
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 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
A home-goods store placed a waist-high pallet of boxes in the only aisle leading from the checkout counters to the ex...
...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 shou...
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