Missed Mbe Questions

Front 1

Prima Facie Case for Negligence

Back 1

Negligence is the breach of a duty of due care which is the actual and proximate cause of plaintiff’s injuries

Front 2

Duty

Back 2

A duty is owed to all foreseeable plaintiffs.

Front 3

Std of Care - Generally

Back 3

The standard of care owed is typically that of a reasonably prudent person under the same or similar circumstances

Front 4

Breach

Back 4

A breach occurs when the defendant falls below the applicable standard of care.

Front 5

Proximate Cause

Back 5

The defendant is liable for all harmful results that are the normal incidents of and within the increased risk caused by his acts.

Front 6

Independent Intervening Forces - Px Cause

Back 6

Independent intervening forces may be foreseeable where the defendant’s negligence increased the risk that these forces would cause harm to the plaintiff. If defendant’s negligence created a foreseeable risk that a third person would commit a crime or intentional tort, defendant’s liability will not be cut off by the crime or the tort. Where the intervening force is an unforeseeable crime or intentional tort of a third party; it will be deemed a superseding force that cuts off defendant’s liability

Front 7

Defamation

Back 7

Defamatory Language
Of and Concerning the Plaintiff
Publication to 3rd person
Damage to P's reputation
Falsity of Defamatory language (public)
Fault on the part of D (knew or reckless)

Front 8

Promissory Estoppel /
3rd Party Beneficiary

Back 8

Under the majority view. consideration is not necessary to make an agreement at least partially enforceable where the facts indicate that the promisor should be estopped from not performing.

Front 9

Promissory Estoppel /
3rd Party Beneficiary

Back 9

Under Rest 2d, a promise is enforceable to the extent necessary to prevent injustice if the promisor should reasonably expect the proise to induce action or forbearance is in fact induced.

Front 10

Vesting occurs when the beneficiary:

Back 10

1. Manifests assent to the promise in a manner invited or requested by the parties;
2. Brings suit to enforce promise; or
3. Materially changes position in justifiable reliance on the promise.

Front 11

Pure Notice Statute

Back 11

Allows susbequent purchasers for value and w/out notice of a prior conveyance to prevail over the prior transferee, regardless of whether the subsequent purchaser records.

Front 12

Shelter Rule

Back 12

Allows a person who takes from a BFP to preval against any interest that transferor-BFP would have prevailed against, even if the transferee had actual knowledge of the prior unrecorded interest.