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Torts for the bar exam

Torts carries 25 scored MBE questions and appears on the MEE, and the exam tests it in blocks: intentional torts, negligence, strict and products liability, and then the dignitary and economic torts such as defamation, privacy and nuisance. Negligence dominates, and most negligence questions are decided by one element, usually duty or causation, so learn to find the element the facts were built to test. Defenses and the allocation of fault between defendants are frequent second issues, and a question that looks like a pure negligence question often turns entirely on comparative fault or assumption of risk instead. The Torts outline covers the same subject as a single continuous reference with attack checklists and propositions, which suits the last weeks of review. Read the outline for a full pass through negligence, and drill individual rules unit by unit once the first pass is done.

28deep scope modules
180rules and propositions
28worked applications
112retrieval drills

Complete long-form outline

Modules in the full outline

Prefer one continuous document? Read the Torts outline instead.

Torts coverage by unit
UnitRule bank entriesEncyclopedia modules
Intentional torts12
Defenses11
Duty11
Breach and proof11
Causation12
Damages10
Strict and products liability20
Defamation and privacy20
01 · Intentional torts

Intent, battery, assault, and transferred intent

Intentional tort liability begins with purpose or substantial certainty and the elements of the particular protected interest.

5 propositions · open complete guide →
02 · Intentional torts

Confinement, emotional distress, and property torts

False imprisonment, IIED, trespass, chattel interference, and conversion protect movement, emotional security, possession, and dominion.

5 propositions · open complete guide →
03 · Privileges

Consent, self-defense, property defense, necessity, and authority

Intentional conduct is privileged only within the consent, proportionality, mistake, and scope rules of the asserted defense.

6 propositions · open complete guide →
04 · Negligence

Duty and the reasonable person

Negligence requires duty, breach, actual and proximate cause, and damages, with the reasonable-person standard adjusted only through recognized rules.

5 propositions · open complete guide →
05 · Special duties

Omissions, rescue, relationships, land entrants, and emotional harm

No general duty to rescue exists, but creation of risk, undertaking, relationships, land control, and defined emotional-harm rules create affirmative duties.

5 propositions · open complete guide →
06 · Breach and proof

Risk balancing, custom, res ipsa, and multiple actors

Breach asks whether conduct fell below the applicable standard, using direct proof or permissible circumstantial inference.

5 propositions · open complete guide →
07 · Causation

Actual cause, multiple causes, and loss of chance

Actual cause connects breach to injury through but-for, multiple-sufficient-cause, or other jurisdictionally recognized proof.

5 propositions · open complete guide →
08 · Causation

Proximate cause, intervening forces, and eggshell injuries

Proximate cause limits liability to harms within the risks that made conduct negligent, subject to intervening and plaintiff-vulnerability doctrines.

5 propositions · open complete guide →
09 · Damages and defenses

Compensatory damages, mitigation, comparative fault, and assumption of risk

Tort damages compensate proven losses, while plaintiff fault and consensual risk can reduce or bar recovery under the jurisdiction's system.

6 propositions · open complete guide →
10 · Responsibility for others

Vicarious liability, independent contractors, and contribution

One person may answer for another's tort through employment, agency, enterprise, or joint-responsibility doctrines.

5 propositions · open complete guide →
11 · Strict liability

Animals and abnormally dangerous activities

Strict liability attaches to specified animal risks and abnormally dangerous activities without requiring proof of negligent care, but cause and scope of risk remain essential.

5 propositions · open complete guide →
12 · Products

Manufacturing, design, warning, warranty, and defenses

Commercial suppliers can be strictly liable for a defective product causing foreseeable injury, with defect type and jurisdictional design test controlling.

6 propositions · open complete guide →
13 · Reputation and privacy

Defamation, privileges, and privacy torts

Defamation protects reputation through false defamatory statements of fact published with the required fault, while privacy torts protect seclusion, identity, and private life.

5 propositions · open complete guide →
14 · Land interference and economic torts

Nuisance, misrepresentation, and interference

Tort law also protects land use and economic interests through doctrine-specific fault, reliance, and privilege rules.

5 propositions · open complete guide →
15 · Duty

Unforeseeable plaintiffs and duties to control third parties

A defendant owes a duty of care to plaintiffs within the range of foreseeable risk, and owes no general duty to control another person unless a special relationship or a statute supplies one.

6 propositions · open complete guide →
16 · Land occupiers

Owners and occupiers of land

A possessor's duty to people on the land depends on the traditional entrant category in most jurisdictions, on ordinary reasonable care in states that have abandoned the categories, and on special statutes and doctrines for children and recreational users.

6 propositions · open complete guide →
17 · Intangible injuries

Emotional distress, wrongful death, survival, and loss of consortium

Negligence claims for purely emotional harm, for a death, and for loss of a family relationship each carry their own limits on who may sue and what may be recovered.

6 propositions · open complete guide →
18 · Economic loss

Pure economic loss and negligent misrepresentation to third parties

Courts hesitate to award tort damages for losses that are purely financial, so recovery usually needs a contract, a special relationship, or an information supplier's intent to reach the plaintiff.

6 propositions · open complete guide →
19 · Apportionment

Joint and several liability, contribution, indemnity, and settlement

When several tortfeasors cause one injury, the plaintiff's fault, the rules on joint and several liability, contribution among defendants, and the effect of a settlement decide who pays how much.

6 propositions · open complete guide →
20 · Defenses

Contributory negligence, last clear chance, and comparative fault variants

A plaintiff's own fault can bar recovery entirely, reduce it proportionally, or bar it only above a threshold, depending on which regime the jurisdiction follows.

6 propositions · open complete guide →
21 · Products

Products liability: design tests, warranty theories, and federal preemption

A product claim can rest on negligence, strict liability, or the warranties of the Uniform Commercial Code, and federal law can displace some state claims against drug and device makers.

6 propositions · open complete guide →
22 · Defamation

Defamation and the First Amendment: public figures, opinion, and privileges

A defamation claim needs a false, unprivileged publication that harms reputation, and the First Amendment sets the fault standard by who the plaintiff is and whether the speech concerns a public matter.

8 propositions · open complete guide →
23 · Privacy

Privacy torts, false light, and the right of publicity

Privacy law protects against intrusion, disclosure of private facts, false light and commercial use of a person's identity, and the First Amendment limits liability for publishing truthful information and matters of public concern.

8 propositions · open complete guide →
24 · Business torts

Interference with business relations, malicious prosecution, and abuse of process

A defendant who wrongfully and intentionally disrupts a plaintiff's contracts or business prospects, or who misuses legal process, can be liable in tort, but each claim has its own elements and protects legitimate competition and access to the courts.

6 propositions · open complete guide →
25 · Liability for others

Employee status, nondelegable duties, and statutory owner liability

Beyond ordinary respondeat superior, liability for another's tort turns on whether the worker is an employee, on duties that cannot be delegated, on the hirer's own negligence, and on statutes that make owners answerable for permissive users.

6 propositions · open complete guide →
26 · Privileges

Privileges of authority and necessity: arrest, merchants, family defense, and incomplete privilege

Conduct that would be a battery, false imprisonment or trespass may be privileged when the law authorizes it, but each privilege has limits on who may act, what force is allowed, and what must still be paid.

7 propositions · open complete guide →
27 · Negligence

Negligent infliction of emotional distress: bystander recovery, the zone-of-danger test, and the impact rule

A plaintiff who is not physically injured may recover for negligently inflicted emotional distress only within limits, and jurisdictions use tests such as the zone of danger, under which a person in immediate risk of physical harm may recover, and the bystander tests, which require a close family relationship, presence at the scene, and awareness of the injury as it occurs.

10 propositions · open complete guide →
28 · Negligence and misrepresentation

Duty to aid a companion, voluntary rescue, and fraudulent misrepresentation and concealment

There is generally no duty to help a person in peril, but a duty arises from a special relationship such as companions on a common undertaking and a person who does aid must use reasonable care, and fraud requires a false representation or concealment of a material fact made with intent to deceive that does deceive and causes damage, with a seller's known hidden defect treated as actionable concealment.

10 propositions · open complete guide →
Core rule bankElementsTrapsWorked examples
01

UNIT

Intentional torts

CONTROLLING FRAMEWORK

Battery

Battery requires intentional infliction of harmful or offensive contact with the plaintiff’s person, including connected objects; transferred intent can apply.

Elements and checkpoints
  1. Intent to cause contact or apprehension
  2. Harmful or offensive contact
  3. Causation
  4. No privilege
Exam trap

The defendant need not intend injury if intending the contact that is objectively offensive.

Application example

Snatching a plate from someone’s hand can be contact with the person for battery.

02

UNIT

Defenses

CONTROLLING FRAMEWORK

Consent

Actual or apparent consent defeats an intentional tort within its scope, unless invalidated by incapacity, material mistake known to the defendant, fraud as to an essential matter, or duress.

Elements and checkpoints
  1. Express or implied consent
  2. Capacity
  3. Scope
  4. No invalidating condition
Exam trap

Consent to one kind or degree of contact is not consent to a materially different one.

Application example

Consent to an ordinary sports contact does not necessarily cover an intentional attack outside the game’s customs.

03

UNIT

Duty

CONTROLLING FRAMEWORK

Negligence duty and standard

A person generally owes foreseeable plaintiffs reasonable care under the circumstances; specialized standards can apply to children, professionals, possessors of land, and statutory violations.

Elements and checkpoints
  1. Duty
  2. Applicable standard
  3. Foreseeable plaintiff
  4. No valid limitation
Exam trap

Foreseeability often shapes duty and proximate cause but does not replace breach analysis.

Application example

A driver owes pedestrians and other road users reasonable care.

04

UNIT

Breach and proof

CONTROLLING FRAMEWORK

Res ipsa loquitur

The factfinder may infer breach when the event ordinarily does not happen absent negligence, the likely causes were within the defendant’s responsibility, and the plaintiff did not cause it.

Elements and checkpoints
  1. Negligence-type event
  2. Defendant responsibility or control
  3. No plaintiff contribution
  4. Inference rather than automatic liability
Exam trap

Res ipsa usually permits an inference; it does not compel a plaintiff’s verdict.

Application example

A surgical instrument left inside a patient strongly supports the inference.

05

UNIT

Causation

CONTROLLING FRAMEWORK

Actual and proximate cause

Actual cause commonly asks whether harm would have occurred but for the breach; proximate cause limits liability to harms within the risks that made the conduct negligent.

Elements and checkpoints
  1. But-for or multiple-cause test
  2. Unbroken legal cause
  3. Foreseeable type of harm
  4. Intervening forces
Exam trap

An unforeseeable manner of a foreseeable type of harm often remains within scope.

Application example

Negligently blocking an exit can proximately cause crowd-crush injuries during a foreseeable emergency.

06

UNIT

Damages

CONTROLLING FRAMEWORK

Eggshell plaintiff

A tortfeasor takes the plaintiff as found and is liable for the full extent of unusually severe harm once the type of physical injury is within the scope of risk.

Elements and checkpoints
  1. Actionable tort
  2. Foreseeable type of harm
  3. Unusual extent attributable to plaintiff condition
Exam trap

The rule expands extent, not the need to prove duty, breach, causation, and an actionable type of harm.

Application example

A minor impact causing catastrophic injury because of a rare condition does not cap recovery at ordinary injury.

07

UNIT

Strict and products liability

CONTROLLING FRAMEWORK

Strict products liability

A commercial seller is strictly liable for a manufacturing, design, or warning defect that exists when the product leaves control and actually and proximately causes harm during foreseeable use.

Elements and checkpoints
  1. Commercial supplier
  2. Defect type
  3. Defect at distribution
  4. Foreseeable use
  5. Causation and damages
Exam trap

Privity is generally unnecessary, but strict liability does not make sellers insurers against every accident.

Application example

A bottle departing from intended design and exploding during ordinary use may have a manufacturing defect.

CONTROLLING FRAMEWORK

Abnormally dangerous activity

One who conducts an abnormally dangerous activity is strictly liable for harm arising from the danger that makes the activity abnormally dangerous.

Elements and checkpoints
  1. High unavoidable risk
  2. Uncommon usage and other factors
  3. Harm within characteristic risk
  4. Causation
Exam trap

Strict liability does not cover harm caused by an unrelated feature of the activity.

Application example

Blasting liability covers concussion and flying debris, not an unrelated delivery-truck collision.

08

UNIT

Defamation and privacy

CONTROLLING FRAMEWORK

Defamation

Defamation requires a defamatory statement of fact about the plaintiff, publication to a third person, fault, and damages or a qualifying category; constitutional rules add falsity and heightened fault in specified cases.

Elements and checkpoints
  1. Defamatory factual assertion
  2. Of and concerning plaintiff
  3. Publication
  4. Fault
  5. Falsity and damages as required
Exam trap

Pure opinion may be protected, but an ‘opinion’ implying undisclosed defamatory facts can be actionable.

Application example

Calling someone a thief while implying private factual knowledge may be treated as a factual assertion.

CONTROLLING FRAMEWORK

Public disclosure of private facts

Liability may arise from widespread disclosure of private facts that would be highly offensive and are not of legitimate public concern.

Elements and checkpoints
  1. Publicity
  2. Private fact
  3. Highly offensive
  4. No legitimate public concern
Exam trap

Truth is not a defense to this privacy tort, though newsworthiness may defeat it.

Application example

Posting a private medical record unrelated to a public controversy can qualify.

How mastery works

How to study Torts

The course separately measures retrieval, discrimination, fact application, writing, integrated judgment, and timed completion so memorization is never mistaken for readiness.

QUICK ANSWERS

Questions about Torts on the bar exam

How many Torts questions are scored on the MBE?+

25 of the 175 scored questions, since NCBE distributes the scored questions evenly across the seven subject areas.

What do I assume on MBE Torts questions?+

That survival actions and wrongful death claims are available, and that joint and several liability and pure comparative fault are the relevant rules unless indicated otherwise, per NCBE.

Which Torts category is tested most?+

Negligence. NCBE says approximately half the Torts questions are based on it, and the other half come from intentional torts, strict liability and other torts.

What are the four categories in NCBE's Torts outline?+

Intentional torts, negligence, strict liability and products liability, and other torts, numbered I through IV in NCBE's Torts outline.

Where does products liability appear in the Torts outline?+

In category III, strict liability and products liability, which covers claims against manufacturers and other defendants arising out of manufacture and distribution of products, with defenses.

What is the default comparative fault rule on the MBE?+

Pure comparative fault, together with joint and several liability, unless the question indicates otherwise, according to NCBE's outline note.

How many MBE questions are unscored?+

25 of the 200, and NCBE says they are indistinguishable from scored questions, so answer all of them.

How long is each MBE session?+

Three hours with 100 questions and no scheduled breaks, according to NCBE.

Governing text

Torts rules are stated most fully in the American Law Institute's Restatements of Torts, which the Institute publishes. Restatements of the Law (American Law Institute) ↗