You're working on a Torts question for the MBE. You see a young child get hit by a car, and you're ready to pick the answer claiming liability for the driver.
Was the driver at fault?
The child is now suffering from serious injuries and will suffer from those injuries for the remainder of his life.
Was the driver at fault.
The child's grandmother watched the child get hit by the car and now is suffering from severe and extreme emotional distress.
Was the driver at fault?
My point: The MBE writers will throw at you all the harm. But liability here doesn't result from harm; it results from fault. There are, of course, instances in which no fault is required for liability (see, for example, a person who owns a pet 🐅 ), but it would be fair to think of that as the exception to the rule, since there aren't all that many instances of strict liability. Animals, abnormally dangerous activities, and products.
In every Torts question, look for the fault.
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