FYLSX Torts Principles & Liability Rules 4

Question 1

A defendant who acted negligently argues the plaintiff's own negligence bars recovery entirely. In a pure comparative fault jurisdiction, the result is:

Accepted Answer

Plaintiff's damages are reduced proportionally regardless of their percentage of fault

Answer

Under pure comparative fault, the plaintiff's recovery is reduced by their percentage of fault but is never entirely barred.

Question 2

A contractor excavates near a public road, and a pedestrian falls into the unguarded trench at night. Which type of negligence per se standard is most applicable?

Accepted Answer

Violation of a safety statute requiring guards on open excavations establishes negligence per se

Answer

When a defendant violates a safety statute designed to protect the class of persons harmed, negligence per se replaces the ordinary reasonable care standard.

Question 3

A plaintiff's injury would not have occurred but for the defendant's negligent act. However, a second independent negligent act by a third party also contributed to the same indivisible injury. Under joint and several liability, the plaintiff can:

Accepted Answer

Recover the full amount of damages from either defendant

Answer

Under joint and several liability, each defendant whose negligence was a cause of an indivisible injury is liable for the entire amount of damages.

Question 4

A newspaper publishes a true story about a private individual's past arrest that occurred 15 years ago and is now a matter of public record. The individual sues for invasion of privacy. Which tort claim is most viable?

Accepted Answer

Public disclosure of private facts, but may fail because the information is public record

Answer

Public disclosure of private facts fails when the disclosed information is already a matter of public record, defeating the privacy element.

Question 5

Under the 'eggshell skull' (thin skull) rule, a defendant who negligently injures a plaintiff with an unusually fragile medical condition is:

Accepted Answer

Fully liable for all harm suffered, even if far greater due to the plaintiff's condition

Answer

The eggshell skull rule holds defendants liable for the full extent of harm even if the plaintiff's unusual vulnerability made the injury far worse than expected.

(FYLSX) Baby Bar Exam Practice Test

(FYLSX) Baby Bar Exam Practice Test

FYLSX Torts Principles & Liability Rules 4