Torts MBE Misses

Question 1

Defamation intent - private

Answer 1

Defendant negligently harmed reputation

Question 2

Defamation intent - public figure

Answer 2

1. knowledge of the falsity or
2. reckless disregard for the truth
   harmed reputation

Question 3

Duty owed to invitee

Answer 3

1. inspect and
2. make safe
3. concealed
4. known (knowable) conditions

Question 4

Duty owed to anticipated trespasser

Answer 4

HACK

1. Duty to warn/make safe
2. highly dangerous
3. artificial conditions
4. concealed
5. known

A fence does not require a warning because its a fence.

Question 5

Trespass Intent

Answer 5

The only intent required is:

Intent to ENTER the land

Question 6

Private Nuisance

Answer 6

1. substantial,
2. unreasonable
3. interference with another’s use and enjoyment of his own property