AR Bar Torts 2

Question 1

Under Arkansas comparative fault law, a plaintiff is barred from recovery when their fault:

Accepted Answer

Equals or exceeds 50% of total fault

Answer

Arkansas follows modified comparative fault with a 50% bar, meaning a plaintiff may not recover if their fault equals or exceeds the defendant's fault.

Question 2

The 'but for' test in negligence law is used to establish which element?

Accepted Answer

Actual (factual) causation

Answer

The 'but for' test is the standard test for actual (factual) causation, asking whether the plaintiff's injury would have occurred but for the defendant's negligent conduct.

Question 3

Under the 'eggshell plaintiff' rule, a defendant is liable for:

Accepted Answer

All damages caused, even if magnified by the plaintiff's pre-existing condition

Answer

The eggshell plaintiff rule holds that a defendant is liable for all damages caused, even if the extent of harm was unforeseeable due to the plaintiff's pre-existing vulnerability.

Question 4

Res ipsa loquitur permits an inference of negligence when:

Accepted Answer

The injury is of a type that ordinarily would not occur without negligence and was in the defendant's control

Answer

Res ipsa loquitur allows an inference of negligence when the accident is of a type that ordinarily would not occur without negligence and the instrumentality was in the defendant's exclusive control.

Question 5

Which of the following creates an affirmative duty to act under tort law, overcoming the general no-duty-to-rescue rule?

Accepted Answer

The defendant's own prior conduct created the peril facing the plaintiff

Answer

A recognized exception to the no-duty-to-act rule arises when the defendant created the peril placing the plaintiff in danger, thereby imposing an affirmative duty to render aid.

AR Bar - Arkansas Bar Test Practice Test

AR Bar - Arkansas Bar Test Practice Test

AR Bar Torts 2