What are the elements of battery?

Battery is an intentional act causing harmful or offensive contact with the plaintiff's person. The defendant must intend the contact or the apprehension of contact, and the contact may be direct or indirect.

What are the elements of negligence?

Negligence requires duty, breach, actual cause, proximate cause, and damages.

What is res ipsa loquitur?

Res ipsa loquitur permits an inference of negligence when the accident ordinarily would not occur without negligence, the instrumentality was under the defendant's control, and the plaintiff did not contribute to the harm.

What is the eggshell-skull rule?

A defendant takes the plaintiff as found and is liable for the full extent of harm, even if the plaintiff was unusually fragile or susceptible.

What is strict liability for abnormally dangerous activities?

A defendant is strictly liable for harm resulting from abnormally dangerous activities that create a foreseeable and highly significant risk even when reasonable care is exercised and are not matters of common usage.

What is strict products liability?

A commercial supplier is strictly liable for physical harm caused by a product sold in a defective condition that is unreasonably dangerous, when the product reaches the user without substantial change.

Defamation is a false statement of fact about the plaintiff, published to a third person, that damages reputation, subject to constitutional fault requirements and privileges.

What is contributory negligence?

Contributory negligence is a complete bar to recovery in the few jurisdictions that still follow it, unless an exception such as last clear chance applies.

What is respondeat superior?

Under respondeat superior, an employer is vicariously liable for torts committed by an employee acting within the scope of employment.

What is private nuisance?

Private nuisance is a substantial and unreasonable interference with another person's use and enjoyment of land.

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Torts | MBE Subject | Critical Pass Flashcards

Critical Pass

Torts | MBE Subject | Critical Pass Flashcards

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Study 100 Torts MBE flashcards covering intentional torts, negligence, duty, breach, causation, damages, defenses, strict liability, products liability, defamation, privacy, nuisance, and vicarious liability.

MBE Bar Exam Prep

Torts | MBE Subject | Critical Pass Flashcards

100 high-yield Torts flashcards built for focused bar review. Study intentional torts, negligence, duty, breach, causation, damages, defenses, strict liability, products liability, defamation, privacy, nuisance, and vicarious liability in one clean study section.

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Torts | MBE Subject | Critical Pass Flashcards

Torts | MBE Subject | Critical Pass Flashcards

All 100 Torts Cards — Quick Reference

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