MEE Subject Matter Outline | 11
Secured Transactions (
continued
)
IV. Rights of third parties; perfected and unperfected security interests; rules of priority (§ 9-301, et seq.)
A. Priority over unperfected security interests (§ 9-317)
B. Requirement of filing and steps to be taken for perfection (§§ 9-308 through 9-316; § 9-501, et seq.); assignment of
security interest (§§ 9-514, 9-519)
C. Protection of buyers of goods and chattel paper (§§ 9-320, 9-330), including protection of holders and purchasers of
negotiable instruments (§ 9-331)
D. Priority of liens arising by law (§ 9-333)
E. Alienability of debtor’s rights (§ 9-401)
F. Priority among conflicting security interests (§§ 9-322 through 9-329)
G. Fixtures (§ 9-334)
H. Accessions; commingling (§§ 9-335, 9-336)
I. Subordination (§ 9-339)
J. Defenses against assignee; modification of contract (§§ 9-404 through 9-406)
K. Termination statement (§ 9-513); release of collateral (§ 9-512)
V. Default (§ 9-601, et seq.)
A. Rights and remedies on default (§§ 9-601 through 9-606)
1. Including secured party’s collection rights (§ 9-607)
2. Including secured party’s right to take possession and dispose of collateral (§§ 9-608 through 9-624)
B. Debtor’s rights (§§ 9-625 through 9-628)
Torts
NOTE: Examinees are to assume that survival actions and claims for wrongful death are available. Joint and several liability
and pure comparative fault are the relevant rules unless otherwise indicated.
I. Intentional torts
A. Harms to the person, such as assault, battery, false imprisonment, and infliction of mental distress; and harms to
property interests, such as trespass to land and chattels, and conversion
B. Defenses to claims for physical harms
1. Consent
2. Privileges and immunities: protection of self and others; protection of property interests; parental discipline;
protection of public interests; necessity; incomplete privilege
II. Negligence
A. The duty question, including failure to act, unforeseeable plaintiffs, and obligations to control the conduct of third parties
B. The standard of care
1. The reasonably prudent person: including children, physically and mentally impaired individuals, professional
people, and other special classes
2. Rules of conduct derived from statutes and custom
C. Problems relating to proof of fault, including res ipsa loquitur
D. Problems relating to causation
1. But for and substantial causes
2. Harms traceable to multiple causes
3. Questions of apportionment of responsibility among multiple tortfeasors, including joint and several liability
E. Limitations on liability and special rules of liability
1. Problems relating to “remote” or “unforeseeable” causes, “legal” or “proximate” cause, and “superseding” causes
2. Claims against owners and occupiers of land
3. Claims for mental distress not arising from physical harm; other intangible injuries
4. Claims for pure economic loss
F. Liability for acts of others
1. Employees and other agents
2. Independent contractors and nondelegable duties
G. Defenses
1. Contributory fault, including common law contributory negligence and last clear chance, and the various forms of
comparative negligence
2. Assumption of risk
III. Strict liability and products liability: common law strict liability, including claims arising from abnormally dangerous
activities, and defenses to such claims; claims against manufacturers and other defendants arising out of the
manufacture and distribution of products, and defenses to such claims
IV. Other torts
A. Claims based on nuisance, and defenses
B. Claims based on defamation and invasion of privacy, defenses, and constitutional limitations
C. Claims based on misrepresentations, and defenses
D. Claims based on intentional interference with business relations, and defenses