MBE Strategy for Torts MBE questions -- JD Advising

Torts MBE Question:

A man was at his neighbor’s house for a neighborhood gathering. The man noticed that the neighbor had a new garden hose. Upon seeing the garden hose, the man remembered that he needed to water his plants. The man decided to use the neighbor’s garden hose while the neighbor was entertaining guests. The man stretched the garden hose to his backyard and began watering the plants. However, the garden hose was stretched too far, broke in half, and could not be repaired.

In a suit for damages by the neighbor, will the neighbor recover?

(A) Yes, for actual damage to the garden hose.
(B) Yes, for the value of the garden hose before the neighbor broke it.
(C) No, because the neighbor did not intend to keep the garden hose.
(D) No, because the neighbor did not intend to damage the garden hose.

Subject:

Legal Issue:

Legal Rule and Analysis: (If you need to look at your outline to find the legal rule, feel free to use it when you have not yet memorized the subject. Using your outline will help you actively learn and memorize your outline!)

Conclusion:

Look at the answer choices provided. Choose an answer choice that matches your conclusion. Review the other answer choices provided.

Answer to the Torts MBE Question:

Common Mistake: Students frequently mix up negligence with intentional torts.

Subject: Torts

Legal Issue: Will the neighbor recover damages?

Legal Rule and Analysis: The neighbor will only recover damages if the man committed the tort of conversion or trespass to damages. Conversion is present when the defendant seriously interferes with the personal property rights of another (for example, by stealing or destroying the chattel). Trespass to chattels is present when the defendant slightly interferes with the personal property rights of another (i.e. by damaging it or depriving it from the owner for a short period of time).

In this case, the man borrowed the garden hose without asking the neighbor. Because the garden hose broke and could not be repaired, this is a serious interference with the property of another.

Conclusion: When one successfully sues for conversion, one is entitled to the value of the property before it was converted.

Choose an answer choice that most closely matches your conclusion and explain why the others are incorrect: (B) is the best answer. (A) is incorrect. This measure of damages is appropriate when there is a trespass to chattels. Here, there is conversion (a substantial interference) rather than a minor one. (C) and (D) are both incorrect because the neighbor does not need to intend to keep or damage the garden hose. The neighbor only needs to intend to interfere with a person’s possessory rights and is liable for the harm that results.

Note: You may feel bad for the man because he did not intend to break the hose — however, here, he intended to use it without permission and this is a trespass. Because the hose cannot be repaired, it is conversion rather than merely trespass to chattels. Focus on the fact that the man intended to interfere with the neighbor’s personal property — and thus he is liable for the harm that comes later.

MBE Tip: Obtain released multiple-choice bar exam questions. Obtain actual released bar exam questions to get a taste for what questions are truly like. There are a few sources for released questions and we list these sources for real MBE questions here!

Commercial course questions are not bad but the best sources of practice questions are actual released bar exam questions. If you are incorporating any timed exams into your schedule these last few weeks of bar prep, we suggest you obtain these actual released questions!

Key Takeaways for the day:

Takeaway for the Law: Conversion is present when one seriously interferes with the personal property rights of another (for example, by stealing or destroying the chattel). Trespass to chattels is present when one only slightly interferes with the property of another (i.e. by damaging it or depriving it from the owner for a short period of time).

MBE Tip: Obtain released multiple-choice bar exam questions. Obtain actual released bar exam questions to get a taste for what questions are truly like. These can be found in the Strategies and Tactics Sixth Edition book, Adaptibar, or the NCBE online exams (mentioned above).

MBE Strategies: Day 1 – Torts (negligence)–and how to approach MBE questions.
MBE Strategies: Day 2 – Criminal Law (homicide) — and learning through “wrong” answers.
MBE Strategies: Day 3 — Evidence (hearsay) –and memorizing the details!
MBE Strategies: Day 4 – Contracts and Sales – and spending time on the subjects that are difficult for you.
MBE Strategies: Day 5 – Real Property (future interests) – and spending time on the highly-tested areas of law.
MBE Strategies: Day 6 – Civil Procedure (summary judgment) – and eliminating incorrect answers.
MBE Strategies: Day 7: Constitutional Law (political question, standing) – and how to answer a question correctly when you are in between two choices.
MBE Strategies: Day 8: Evidence (hearsay, best evidence rule) – and why it is good to fine-tune your knowledge of the “red herring” areas of the law.
MBE Strategies: Day 9: Torts (conversion) – and where to get actual released MBE questions!
MBE Strategies: Day 10: Criminal Procedure (5th Amendment) – and how to pick between two answer choices.
MBE Strategies: Day 11: Contracts (contract formation) – and what to do if you “overthink” questions.
MBE Strategies: Day 12: Real Property (deed delivery) – and jotting out the fact pattern.
MBE Strategies: Day 13: Civil Procedure (jurisdiction) – and “bringing it all together”.
MBE Strategies: Day 14: Constitutional Law (taxing and spending) – and why to answer more Constitutional Law and Civil Procedure questions.
MBE Strategies: Day 15: Constitutional Law (powers of congress) – and how to get better at Constitutional law questions.
MBE Strategies: Day 16: Criminal Procedure (exclusionary rule) – and paying attention to the call of the question.
MBE Strategies: Day 17: Evidence (character evidence) – and how to tell a civil case from a criminal case (and why it matters!).
MBE Strategies: Day 18: Real Property (joint tenancy) – and how to get more Real Property questions right!
MBE Strategies: Day 19: Civil Procedure (JAAMOL) – and how to learn Civil Procedure.
MBE Strategies: Day 20: Torts (joint and several liability) – and tips on MBE default rules.
MBE Strategies: Day 21: Evidence (hearsay) – and the importance of memorizing the law!
MBE Strategies: Day 22: Contracts (formation) – and why you should not ignore the written portion of the bar exam!
MBE Strategies: Day 23: Criminal Law and Procedure (and the importance of mens rea).
MBE Strategies: Day 24: Constitutional Law (equal protection) – and the importance of writing incorrect answers down!
MBE Strategies: Day 25: Civil Procedure (impleader) – and free released NCBE questions!
MBE Strategies: Day 26: Real Property (future interests) – and learning the highly tested MBE topics.
MBE Strategies: Day 27: Torts (intentional torts) – and the importance of learning rule statements.
MBE Strategies: Day 28: Evidence (impeachment) – and how to keep impeachment, character evidence, etc. straight!
MBE Strategies: Day 29: Criminal Procedure (line-ups) – and how charts can help you keep the 5th, 6th, and 14th Amendment straight!
MBE Strategies: Day 30: Contracts (revocation of acceptance of goods) – and how finding patterns in your answer sheet can improve your score.
MBE Strategies: Day 31: Constitutional Law (public v. private forum) – and last-minute MBE tips.
MBE Strategies: Day 32: Torts (premises liability) – and eliminating incorrect statements of law.
MBE Strategies: Day 33: Criminal Law (robbery) – and knowing your state vs. MBE distinctions.
MBE Strategies: Day 34: Real Property (priority and recording acts) – and writing answers to the questions.
MBE Strategies: Day 35: Torts (comparative negligence, joint and several liability) – and learning the theories behind the laws.
MBE Strategies: Day 36: Contracts and Sales (recovering the purchase price) – and creating a timeline of events when answering MBE questions.
MBE Strategies: Day 37: Constitutional Law (1st Amendment) – and making a diagram as you study.
MBE Strategies: Day 38: Evidence (extrinsic evidence) – and learning the definitions of basic legal terms.
MBE Strategies: Day 39: Civil Procedure (motion to dismiss) – and creating a timeline of the judicial process while studying.
MBE Strategies: Day 40: Real Property (present and future interests) – and the importance of grammar.
MBE Strategies: Day 41: Torts (battery) – and paying close attention to the call of the question.
MBE Strategies: Day 42: Criminal Procedure (4th Amendment) – and why you shouldn’t skip straight to the narrow rules.
MBE Strategies: Day 43: Criminal Law (burglary) – and why you need to know the elements of crimes!
MBE Strategies: Day 44: Contracts and Sales (damages) – and answering the question in your head first.
MBE Strategies: Day 45: Constitutional Law (interstate commerce and equal protection) – and paying attention to which entity is attempting to act.
MBE Strategies: Day 46: Evidence (impeachment) — and how to identify the applicable evidentiary rule.
MBE Strategies: Day 47: Civil Procedure (full faith and credit clause and preclusion) – and newly released NCBE civil procedure questions.
MBE Strategies: Day 48: Civil Procedure (removal) – and understanding the policies behind the rules.
MBE Strategies: Day 49: Real Property (eviction) – and the importance of paying attention to details!
MBE Strategies: Day 50: Torts (trespass) – and the importance of memorizing the elements and categories of torts.
MBE Strategies: Day 51: Evidence (lay witness testimony) – and avoiding distractions.
MBE Strategies: Day 52: Civil Procedure (automatic disclosures) – and eliminating answer choices.
MBE Strategies: Day 53: Torts (duty of a premises possessor) – and to not feel too sorry for vulnerable plaintiffs!
MBE Strategies: Day 54: Real Property (equitable servitudes) – and finding differences in concepts.
MBE Strategies: Day 55: Civil Procedure a bonus FIVE MBE tips!
MBE Strategies Day 56: Constitutional Law (equal protection) – and memorizing the standards of review.
MBE Strategies Day 57: Contracts (installment contracts) – and learning the nuances of the law.
MBE Strategies Day 58: Criminal Procedure (5th Amendment) – and understanding the scope of constitutional rights.
MBE Strategies Day 59: Civil Procedure (exception to final judgment rule) – and understanding the rules and their exceptions.
MBE Strategies Day 60: Evidence (which law applies to privileges in federal court) – and the importance of knowing the law.

MBE Strategies Tip #9 – Torts

Torts MBE Question:

Answer to the Torts MBE Question:

Key Takeaways for the day:

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