AL Bar Torts 2

Question 1

A landowner in Alabama owes the highest duty of care to which category of entrant?

Accepted Answer

Invitees

Answer

Invitees—those who enter for a business purpose or on public land—are owed the highest duty: reasonable care to inspect and make safe.

Question 2

Res ipsa loquitur allows an inference of negligence when the type of accident ordinarily does not occur without negligence, the defendant had exclusive control, and:

Accepted Answer

The plaintiff did not contribute to the accident

Answer

Res ipsa loquitur also requires that the plaintiff was not contributorily negligent in bringing about the injury.

Question 3

Proximate cause in negligence limits liability by requiring that the plaintiff's injury be:

Accepted Answer

A foreseeable type of harm from the defendant's breach

Answer

Proximate cause (legal cause) requires that the harm be a foreseeable type of result flowing from the defendant's breach of duty.

Question 4

Under the doctrine of respondeat superior, an employer is vicariously liable for the torts of an employee committed:

Accepted Answer

Within the scope of the employee's employment

Answer

Respondeat superior imposes liability on the employer for employee torts committed within the scope of employment, even without the employer's fault.

Question 5

Nuisance requires interference with the plaintiff's use and enjoyment of land that is:

Accepted Answer

Substantial and unreasonable

Answer

A private nuisance requires a substantial and unreasonable interference with another's use and enjoyment of their property.

AL Bar - Alabama Bar Exam Practice Test

AL Bar - Alabama Bar Exam Practice Test

AL Bar Torts 2