Juris Doctor (JD) — Multistate Bar Examination (MBE)

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A man was attending a neighborhood get-together at his neighbor's home. The neighbor's new garden hose caught the man's attention. The man remembered that he needed to water his plants when he saw the garden hose. While the neighbor was having visitors over, the man made the decision to utilize the garden hose. In his backyard, the man extended the garden hose and started watering the plants. The garden hose, however, was stretched too thinly, split in half, and was irreparably damaged. Will the neighbor win if they file a lawsuit for damages?

No, because the neighbor did not intend to damage the garden hose. Yes, for the actual damage to the garden hose. Yes, for the value of the garden hose before the neighbor broke it. No, because the neighbor did not intend to keep the garden hose.

Correct Answer:

Yes, for the value of the garden hose before the neighbor broke it.

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