MBE Tip of the Day – Torts

Answer to the Tort MBE Question

Subject: Torts

Legal Issue: Did the boy commit battery?

Legal Rule and Analysis: A battery is an act with intent to commit a harmful or offensive contact or imminent apprehension of such contact and a harmful or offensive contact directly or indirectly results.

Here, the boy did not intend to commit a harmful or offensive contact or an imminent apprehension. Indeed, the facts say that the boy  “inadvertently strikes” the woman and “did not know that the woman was there.” Thus, he could not have formed the intent to cause harm and will not be liable for battery.

Conclusion: The boy is not liable for battery because he lacked the requisite intent.

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

The answer choice (C) is therefore correct.

(A) is incorrect because it mixes up intentional torts with negligence.  This “age, intelligence, and experience” language is the standard of care that children are judged by in a negligence claim. (Note it would not apply here even if it was a negligence claim as operating a motor boat is an adult activity.)  Thus, this answer choice is incorrect for a few reasons. If you picked this answer choice, make sure you have a bigger picture of the law in your head. It would be worth it to closely review your outlines (or make your own “bigger picture” short outline for Torts) so that you can see how the concepts fit together.

(B) is incorrect because it is not the intent to do the act that causes the harm that matters for intentional tort purposes. Rather, one must intent to cause harm.

(D) is incorrect. If you chose this one, work on closely memorizing your definitions! A battery is “an act with intent to commit a harmful or offensive contact or imminent apprehension of such contact and a harmful or offensive contact directly or indirectly results.” Thus, he does not need to physically contact her with his body. The contact that directly resulted was the boat striking her.

MBE Tip: Pay close attention to the call of the question. Here, the question asks about battery. If you applied a negligence standard, make sure to have a bigger picture of the outline in your head. Review your outlines closely or make your own one-page “road map” of each subject so that you know when specific standards apply. (Some students also purchase our MBE one-sheets for this purpose.) 

Key Takeaways and MBE Tips From Prior Posts

Takeaway for the Law:  A battery is an act with intent to commit a harmful or offensive contact or imminent apprehension of such contact and a harmful or offensive contact directly or indirectly results.

MBE Tip: Pay close attention to the call of the question. Here, the question asks about battery. If you applied a negligence standard, make sure to have a bigger picture of the outline in your head. Review your outlines closely or make your own one-page “road map” of each subject so that you know when specific standards apply. (Some students also purchase our MBE one-sheets for this purpose.)