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How is Torts tested on the Baby Bar (FYLSE)?

The three favorite baby bar Torts topics are negligence, intentional torts, and strict liability. We discuss these further below. You can also see a visual of how Torts has been tested in recent baby bar exams. torts tested on the baby bar FYLSE

How is Torts tested on the Baby Bar (FYLSE)?


Negligence and intentional torts are tested the most on baby bar essays. Negligence has been tested on eleven of the nineteen exams and is often a major component of an examinee’s score. Negligence is tested in a variety of ways. Many times, “duty” is a focus (e.g., duty owed to an invitee, duty owed by a child, duty owed by a professional). Occasionally, negligence per se is an issue.

Tip: Remember to state all of the elements of negligence, (duty, breach, cause, harm) and discuss them step-by-step in an essay! Connect every dot for the graders. 

Tip: many negligence essays also expect you to discuss comparative and contributory negligence, even if they are not issues per se.

Intentional torts:

Intentional torts is tied with negligence in terms of how often it is tested. Intentional torts have been tested on eleven of the nineteen exams since 2012. The baby bar essays tend to test:

  • trespass to land,
  • trespass to chattels,
  • conversion,
  • battery, and
  • assault

Occasionally, intentional infliction of emotional distress is tested.

Tip: Make sure to know the elements of each and every one of these intentional torts! It will be much easier to apply the law to the facts if you have the elements memorized. 

Strict liability:

Strict liability is increasing and is a trendy issue to test on the baby bar. It has been tested five times since 2012, with the last three exams testing it. You can see that two recent exams tested abnormally dangerous activities.

As a takeaway, you shouldn’t ignore any topic when studying for Torts. However, it is worth it to know that some topics are tested more than others on the baby bar!

If you sign up for baby bar tutoring, we will give you outlines with the tested issues broken down by topic so that you can study effectively for the exam!

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