You will see 25 scored Torts MBE questions on the Multistate Bar Exam.
We will be posting a Multistate Bar Exam question once every couple days along with an answer. We start a new round of MBE questions each administration (and you can sign up to get them emailed to you at the end of this post). Note that these are MBE questions that students commonly get wrong. If you can master these 14 questions, it could increase your MBE score by that many points if you see any of these issues tested again (which, by the way, you will!). These posts of MBE tips and tricks will not only cover substantive law but also strategy. So each post will cover one highly-tested area of substantive law as well as an important MBE strategy.
Today, we will review an Torts MBE question that covers an intentional tort issue. Do your best to answer this question (before even looking at the answer choices and before looking at the answer below!) Ask yourself: What is the subject? What is the legal issue? What is the rule and analysis? What is the conclusion? Try to answer these beginning questions before even reading the answer choices.Then, you can uncover the Torts MBE answer as well as read more about our MBE strategy of the day.
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).
If you would like to see “MBE tip of the day” posts from prior days, please click on the links below:
MBE Strategies Blog Post Series: Welcome to our MBE tips and tricks blog post series! In this post, we will cover a Torts question.
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