CT Bar Contracts & Torts 3

Question 1

A driver texting behind the wheel strikes a cyclist who was jaywalking. The jury finds the driver 70% at fault and the cyclist 30% at fault. Connecticut follows:

Accepted Answer

Modified comparative fault — cyclist recovers 70% if below 51% at fault

Answer

Connecticut follows modified (51%) comparative fault; a plaintiff may recover as long as their fault does not exceed the defendant's (i.e., plaintiff is not more than 50% at fault).

Question 2

When does a contract for the sale of goods over $500 fall outside the Statute of Frauds writing requirement?

Accepted Answer

When the goods are specially manufactured and not suitable for resale in the ordinary course

Answer

UCC § 2-201(3)(a) exempts specially manufactured goods not suitable for sale to others in the ordinary course of business if the seller has begun manufacture or committed for their procurement.

Question 3

A products liability plaintiff sues a manufacturer in strict liability. The manufacturer's best defense is that:

Accepted Answer

The plaintiff assumed the risk by using the product despite knowing of the defect

Answer

In strict products liability, reasonable care is irrelevant, but assumption of risk (plaintiff voluntarily encountered a known risk) remains a valid defense.

Question 4

Under contract law, an anticipatory repudiation occurs when a party:

Accepted Answer

Unequivocally indicates before performance is due that they will not perform

Answer

Anticipatory repudiation is a clear, definite, unequivocal statement or conduct before the performance date indicating intent not to perform.

Question 5

In a defamation case, a private figure plaintiff suing a media defendant over a matter of public concern must prove:

Accepted Answer

Negligence as to the falsity of the statement

Answer

After Gertz v. Robert Welch, Inc., private figure plaintiffs in matters of public concern need only prove negligence as to falsity, not actual malice.

(CT Bar) Connecticut Bar Exam Practice Test

(CT Bar) Connecticut Bar Exam Practice Test

CT Bar Contracts & Torts 3