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...
Results for “Defenses to Negligence Defenses to Negligence”
Negligence / Defenses
Torts Defenses Negligence Negligence / Defenses Negligence Defenses Negligence / Defenses
Negligence
...on of Emotional DistressTrespass to LandTrespass to ChattelsConversionDefenses to Intentional TortsNegligenceDutyBreachCausationActual CauseProximate CauseDamagesNegligence Per SeRes Ipsa LoquiturPremises LiabilitySpecia...
Defenses to Intentional Torts
Defenses to Intentional Torts Torts Torts Defenses to Intentional Torts Complete Torts List TortsThis topic appears in the UBE 2026 Rules Library master list under Torts.Defenses to Intentional TortsUse this entry as the...
A pedestrian suffered a broken wrist because of a driver's negligence. Doctors recommended a safe, routine cast chang...
...destrian 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, and...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Before renting a kayak, a customer signed a clear release for "claims arising from ordinary negligence in providing r...
Before renting a kayak, a customer signed a clear release for "claims arising from ordinary negligence in providing rental equipment." The rental company then knowingly gave the customer a kayak with a cracked hull after...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Negligence
Torts Negligence Negligence Negligence
Negligence Per Se
...on of Emotional DistressTrespass to LandTrespass to ChattelsConversionDefenses to Intentional TortsNegligenceDutyBreachCausationActual CauseProximate CauseDamagesNegligence Per SeRes Ipsa LoquiturPremises LiabilitySpecia...
Contributory Negligence
...on of Emotional DistressTrespass to LandTrespass to ChattelsConversionDefenses to Intentional TortsNegligenceDutyBreachCausationActual CauseProximate CauseDamagesNegligence Per SeRes Ipsa LoquiturPremises LiabilitySpecia...
A driver negligently hit a utility pole, causing live wires to fall near a trapped cyclist. A bystander saw that the...
A driver negligently hit a utility pole, causing live wires to fall near a trapped cyclist. A bystander saw that the wires were several feet from the cyclist, waited for a pause in sparking, and ran in to pull the cyclis...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A city bus negligently stopped short, throwing Priya to the floor and tearing a ligament in her shoulder. Priya promp...
A city bus negligently stopped short, throwing Priya to the floor and tearing a ligament in her shoulder. Priya promptly went to an orthopedic surgeon. The surgeon recommended six weeks of physical therapy and explained...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A pedestrian negligently stepped into a crosswalk against a signal. A driver also negligently looked away from the ro...
A pedestrian negligently stepped into a crosswalk against a signal. A driver also negligently looked away from the road and hit the pedestrian. The jurisdiction follows traditional contributory negligence and no last-cle...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A state recreational-use statute provides that a private landowner who opens land to the public for hiking without ch...
...eational-use statute provides that a private landowner who opens land to the public for hiking without charge owes no duty to keep the land safe for recreational users, but the statute does not protect a landowner who ch...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Blake, a delivery driver, looked down to accept a dispatch on his phone while driving through an intersection. Mina e...
Blake, a delivery driver, looked down to accept a dispatch on his phone while driving through an intersection. Mina entered the same intersection from the cross street while driving 12 miles per hour over the speed limit...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
Comparative Negligence
...on of Emotional DistressTrespass to LandTrespass to ChattelsConversionDefenses to Intentional TortsNegligenceDutyBreachCausationActual CauseProximate CauseDamagesNegligence Per SeRes Ipsa LoquiturPremises LiabilitySpecia...
A 10-year-old rode a bicycle through a neighborhood intersection without looking both ways and was struck by a neglig...
...ways and was struck by a negligent driver. The driver asserts contributory negligence. The jurisdiction follows the ordinary child-standard rule and has no special bicycle statute. What standard applies to the child's al...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A city hired Ridge Blasting to remove bedrock for a sewer tunnel beneath a residential block. Ridge obtained permits,...
...ers' strict-liability claims against Ridge. Address Ridge's strongest defenses. This essay tests abnormally dangerous activity strict liability for blasting and scope of risk. NCBE MBE Subject Matter Outline, Torts, Rest...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
A state Good Samaritan statute provides immunity from civil liability for an uncompensated person who provides emerge...
...a bicyclist bleeding after a crash, called 911, and applied a bandage too tightly while waiting for paramedics. The volunteer was not paid and did not cause the crash. How should the statute affect the bicyclist's ordina...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
At 5:45 a.m., before sunrise, Jordan jogged along the right edge of a rural road wearing dark clothing and no reflect...
...ordan in the headlights from about 250 feet away. The driver had time to slow or move left, but instead looked at a dashboard message and continued at the speed limit. The truck struck Jordan. The jurisdiction follows tr...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Before climbing at Summit Wall, Elise signed a one-page release stating that she "releases Summit Wall from claims fo...
...alyze Summit Wall's express-assumption and implied-assumption-of-risk defenses. Discuss any limits if the employee's conduct is found grossly negligent or reckless rather than merely negligent. This essay tests express a...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
Defenses
Defenses Rule Tools Rule Tools Defenses Complete Rule Tools List Rule ToolsThis topic appears in the UBE 2026 Rules Library master list under Rule Tools.DefensesUse this entry as the rule-review checkpoint for Defenses.C...
Negligence / Duty and Breach
Torts Duty and Breach Negligence Negligence / Duty and Breach Negligence Duty and Breach Negligence / Duty and Breach
Negligence / Causation and Damages
Torts Causation and Damages Negligence Negligence / Causation and Damages Negligence Causation and Damages Negligence / Causation and Damages
Privacy Torts
...on of Emotional DistressTrespass to LandTrespass to ChattelsConversionDefenses to Intentional TortsNegligenceDutyBreachCausationActual CauseProximate CauseDamagesNegligence Per SeRes Ipsa LoquiturPremises LiabilitySpecia...