BAR PREP MBE Torts: Mastering the Law of Personal Injury
Today, we're tackling Torts. On the MBE, Torts will account for 25 questions, and about half of those will be dedicated to Negligence. This is your absolute highest-yield area, so master it.
For Negligence, remember the core elements: duty, breach, causation (actual and proximate), and damages. Every single negligence question will test one or more of these. Practice identifying the standard of care (reasonable prudent person!), understanding when a duty is owed (foreseeable plaintiffs!), and distinguishing between "but for" causation and the often-tricky concept of proximate cause (foreseeability of harm). Don't forget defenses like comparative and contributory negligence.
Beyond negligence, pay attention to Strict Liability (think abnormally dangerous activities and defective products) and Intentional Torts (battery, assault, false imprisonment, etc.). While these are fewer questions, they are often straightforward if you know the elements cold. Your actionable step for Torts: Drill negligence problems repeatedly. For every practice question, even if you get it right, articulate why each answer choice is correct or incorrect by identifying the precise element of the tort being tested.