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TORT12 topics386 practice questions

Torts bar exam questions & notes.

Intentional torts, negligence, strict and products liability, and damages. Try 4 free exam-format questions with explanations below, preview the notes, and see every topic NCBE lists for the NextGen exam.

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From the Torts notes: Intentional Torts & Defenses

The first topic of every subject is free with an account, notes included. Here is how the notes read.

Why this matters

Intentional torts are the law's answer to deliberate wrongs — a punch, a threat, a locked door, a taken car. They protect three interests: your body and dignity (battery, assault, false imprisonment, intentional infliction of emotional distress), and your property (trespass to land, trespass to chattels, conversion). Learn them as a family, because they share one skeleton: a voluntary act by the defendant, done with intent, that causes a particular kind of harm. Master the intent element and the seven torts almost define themselves. This topic is starred, which means the exam will hand you no statute — you must recall the elements cold and spot the tort from a fact pattern. The good news: intentional-tort rules are crisp and stable, and once you can name each element you can practically hear a fact pattern check the boxes. Two framing points before we start. First, a plaintiff's prima facie case and a defendant's defense are separate steps — first ask whether all the elements are met, then ask whether a privilege (consent, self-defense, necessity, and the rest) excuses the conduct. Second, most of these rules come from the Restatement (Second) of Torts, which we use throughout as the standard statement of the modern majority rule.

What "intent" actually means

Intent is the word that does all the work, and it means something more precise than 'meaning to be mean.' A defendant acts with intent when the defendant either (1) desires to cause the tortious result, or (2) knows the result is substantially certain to follow. The second branch is the one students miss. If you yank a chair away as someone sits down, you may not want them to hit the floor — but if you know a fall is substantially certain, the intent element is satisfied. Note what is required is intent to cause the contact, confinement, or entry — not intent to cause the ultimate injury and not intent to break the law. That is why a practical joke, a benign motive, or ignorance of the law is no shield.

How intent is proven

  • Purpose: the defendant acted for the very purpose of bringing about the harmful or offensive contact, apprehension, confinement, or entry.
  • Knowledge to a substantial certainty: the defendant knew that result was substantially certain to occur, even if it was not the goal. (A high probability is not enough — it must be near-certain.)
  • The intent is to cause the immediate tortious act (the contact, the apprehension, the entry), not to cause the eventual injury — a defendant who intends a harmless touch is still liable if it turns out to cause serious harm.
  • Motive is irrelevant: a good, playful, or well-meaning motive does not negate intent. Intending the act is enough.
  • Mistake of law or fact is generally no defense: intending to enter what you wrongly think is your own land still satisfies the intent to enter.

All 12 topics in Torts

Scope-aligned

marks the 9 topics NCBE flags at memorize level — know these cold; the rest lean on provided materials and reasoning.

  1. 01

    Intentional Torts & Defenses★

    Intentional torts and their defenses: harms to the person (assault, battery, false imprisonment, intentional infliction of emotional distress) and to property interests (trespass to land, trespass to chattels, conversion); the intent element and transferred intent; and defenses including consent, self-defense, defense of others and property, recapture of chattels, and necessity.

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  2. 02

    Duty & Special Relationships★

    The duty of care to foreseeable and unforeseeable plaintiffs: nonfeasance and affirmative duties (special relationships, voluntary undertakings, the duty to control third parties), the duties of owners and occupiers of land, negligent infliction of emotional distress (zone of danger, bystander), and pure economic loss.

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  3. 03

    Standard of Care & Negligence Per Se★

    The standard of care: the reasonably prudent person and the standards applied to children, physically and mentally impaired persons, professionals, and those acting in emergencies; and rules of conduct derived from statutes (negligence per se) and the relevance of custom.

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  4. 04

    Res Ipsa & Proof★

    Proving fault with direct and circumstantial evidence, including the conditions for res ipsa loquitur (an incident of a type that does not ordinarily occur without negligence, an instrumentality under the defendant’s exclusive control).

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  5. 05

    Causation★

    Actual causation (the but-for test, the substantial-factor test, and multiple necessary or sufficient causes) and proximate causation (foreseeability, the scope-of-the-risk test, and intervening and superseding causes).

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  6. 06

    Comparative Fault & Others' Acts★

    Liability for the acts of others (parental responsibility and nondelegable duties), pure and modified comparative negligence including secondary implied assumption of risk, and express assumption of risk.

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  7. 07

    Strict Liability★

    Common-law strict liability for abnormally dangerous activities: the common types of such activities, who may sue and be sued, the requirement that the harm arise from the risk that made the activity dangerous, and defenses including comparative negligence.

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  8. 08

    Products Liability★

    Products liability based on the design, manufacture, and distribution of products: the theories of liability, the types of defects (manufacturing defect, design defect, and failure to warn), who may sue and be sued, and defenses to such claims.

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  9. 09

    Nuisance★

    Private nuisance (unreasonable interference with the use and enjoyment of land, the locality rule, and the distinctions among private nuisance, trespass, and public nuisance) and public nuisance, together with defenses to such claims.

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  10. 10

    Misrepresentation

    Fraudulent misrepresentation and negligent misrepresentation, and defenses to such claims.

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  11. 11

    Defamation & Privacy

    Defamation (both common-law and constitutional aspects) and the privacy torts — intrusion upon seclusion, public disclosure of private facts, appropriation of name or likeness, and false-light publicity — together with defenses to such claims.

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  12. 12

    Damages

    Apportionment of responsibility among multiple tortfeasors (joint and several liability) and the categories of recoverable damages — compensatory (general and special), punitive, and nominal — including the thin-skull rule, the duty to mitigate, and statutory limitations on recovery.

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Try before you buy

4 sample TORT questions

Real questions from the Torts bank, with the full explanation. The paid bank covers all 12 topics and difficulty levels.

A worker on a warehouse floor decides to play a joke on a coworker. As the coworker begins to lower himself onto a rolling stool, the worker yanks the stool away, certain the coworker will drop onto the concrete. The worker means only to get a laugh from the others and hopes no real harm comes of it, but the coworker lands hard and fractures his tailbone. The coworker sues for battery. The worker defends that he never wanted to injure anyone and intended nothing more than a harmless prank.

Is the worker liable for battery despite not wanting to cause any injury?

  1. No, because he did not desire to bring about a harmful contact.
  2. No, because his lighthearted, well-meaning motive negates the intent battery requires.
  3. Yes, because he was substantially certain the coworker would strike the floor. Correct
  4. Yes, because any prank that happens to cause an injury is a battery.
Why: Battery's intent element is satisfied by purpose OR knowledge to a substantial certainty that a harmful or offensive contact will result, and it attaches to the contact itself, not the ultimate injury. The worker was certain the coworker would hit the concrete, so intent is present even though he wanted only a laugh — C. A misreads the test: desire is one route to intent, but substantial certainty is an independent route, so not wanting the harm does not save him. B is the classic trap — a playful or benign motive is irrelevant once the defendant intends the contact. D reaches the right result by the wrong path and sweeps too broadly: liability turns on intent to cause the contact (here, substantial certainty), not on the bare fact that a joke produced an injury.
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