July 2025 · ORIGINAL INSTRUCTIONAL EXAMPLE

Essay 2: Torts
Sample Answer & Question Pointers

July 2025 California Bar Examination · Fact-specific analysis, an issue outline, and pointers on the official question.

By Bar Exam Doctor · Published November 4, 2026

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This is an original, ungraded instructional response. It is not an official State Bar selected answer, a scored student submission, or a claim of attorney review. Use it to compare reasoning and organization after attempting the question. Alternative reasoned analyses may be possible.

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QUESTION 2 Ollie owns a field which he rented to the Pelicans, a soccer team, for a soccer game against another team, the Jaguars. On the afternoon before the day of the game, Ollie checked the field for dangerous conditions. He found nothing. He did not examine1 the field again before the game. Barry is the coach for the Pelicans. During the game, Barry became frustrated by the Jaguars’ rough play. He therefore instructed Kate, a Pelicans player, to play more roughly. Barry knew that Kate was a very aggressive player. Barry had done this once before2, and Kate started a fight with a player from the opposing team. As Barry expected, Kate began playing very aggressively. Eventually, she knocked down a player from the Jaguars, Yvonne. When Yvonne fell, she broke her arm and badly cut her hand on broken glass lying on the field. The referee stopped play to call a foul. While play was stopped, Yvonne asked Kate, “Why are you being such a jerk?” Kate responded by punching Yvonne. Yvonne pushed Kate, who fell and suffered some minor bruises. Yvonne suffered no further injury. 1. Could Yvonne successfully sue Ollie or Barry, or both, in negligence for her broken arm and cut hand? Discuss. 2. Could Yvonne successfully sue Kate for battery? Could Kate successfully sue Yvonne for battery? Discuss. 3. If Yvonne recovers only from Ollie and Barry in negligence, how would her damages be apportion3ed between Ollie and Barry? Discuss.

Before you write: issue outline

  1. Apply duty, breach, and causation separately to Ollie and Barry and to each injury.
  2. Distinguish ordinary soccer contact, the later punch, and self-defense.
  3. Allocate overlapping injuries without assuming an unstated California rule.

1. Negligence claims against Ollie and Barry

Ollie, the possessor renting a field for a soccer game, must use reasonable care to make it safe for its intended use, including reasonable inspection for dangerous debris. Glass on a playing field creates an unreasonable cutting risk. But finding glass after an injury does not establish that a reasonable inspection would have found it earlier.

Ollie inspected the previous afternoon and found nothing. Whether reasonable care required another inspection before the game depends on foreseeable intervening use and the likelihood of debris. Yvonne can argue that a field used for physical play should be checked close to game time. Ollie can respond that nothing establishes when the glass arrived or that he had actual or constructive notice. Breach and causation therefore need proof; neither follows automatically from ownership.

Even if an omitted inspection caused the cut hand, it did not cause Kate’s collision or the broken arm. Liability must follow the harm created by the particular unreasonable risk. Ollie is potentially responsible for the glass injury, rather than every injury occurring on his land.

Barry owed reasonable care in coaching. An instruction to play aggressively is not necessarily negligent in a competitive sport. Here, however, he knew the same instruction had previously prompted Kate to fight. Repeating it without an adequate limit supports a foreseeable risk of excessive contact. Yvonne must connect the instruction to Kate’s conduct rather than assume that a coach guarantees player behavior.

If that connection is established, Barry’s instruction foreseeably caused the knockdown and broken arm. The hand cut can also fall within the foreseeable risk of an unsafe fall. Glass need not be foreseeable in its exact form. Ollie’s possible negligence is a concurrent cause, not necessarily an event superseding Barry’s responsibility. Ordinary risks voluntarily encountered in soccer may limit duty or support an assumption-of-risk defense, but deliberate or recklessly enhanced aggression exceeds ordinary play. The distinction depends on how Kate’s first collision occurred.

2. Battery claims

Battery requires intentional harmful or offensive contact without effective consent or privilege. Consent to soccer extends to ordinary contacts inherent in the game, including some rule violations. It does not necessarily extend to a deliberate attack. Kate’s initial collision is actionable if it was an intentional harmful contact outside that scope; the broken arm alone does not establish the required intent or lack of consent.

The later punch is clearer. Play had stopped, and Kate intentionally hit Yvonne after being called a jerk. An insult does not justify battery, and participation in the game does not consent to a retaliatory punch. Physical injury is unnecessary where contact is offensive, so the absence of additional injury does not defeat this claim.

Yvonne’s responsive push also constitutes intentional contact, but reasonable force to prevent or end Kate’s attack is privileged self-defense. Minor bruising supports proportionality. If the attack had already ended and the push was retaliation, the privilege would fail. On the stated sequence, Yvonne has the stronger defense.

3. Allocation if only Ollie and Barry are liable

Barry is responsible for the broken arm if his negligence caused it; the field defect did not. For the cut hand, both negligent acts may be substantial concurrent causes of a single indivisible injury. Under traditional joint-and-several principles, Yvonne may recover that loss from either responsible defendant, with contribution allocating payment between them. A jurisdiction using a different comparative-responsibility system may allocate differently. Nothing in this question expressly calls for California’s special economic and noneconomic allocation rules.

The court should first separate distinct injuries and then allocate any overlapping loss. Yvonne may receive full compensation for proved harm, but cannot collect the same hand-injury damages twice.

Sources and further comparison

The official question controls its facts and jurisdiction. These responses address the exam scenario; subsequent legal changes and other fact patterns may require a different analysis. The PT uses the supplied fictional Columbia library, which must not be replaced with outside law.