FYLSX Torts Principles & Liability Rules 5

Question 1

A plaintiff sues for defamation per se. Which category of statement is traditionally considered defamatory per se, requiring no proof of actual damages?

Accepted Answer

Statements that the plaintiff committed a serious crime

Answer

Statements accusing the plaintiff of a serious crime fall within traditional categories of defamation per se, for which damages are presumed.

Question 2

Two cars collide at an intersection. Driver A ran a red light and Driver B was speeding. Both acts contributed to the collision. In a modified comparative fault state (51% bar rule), Driver B with 40% fault:

Accepted Answer

Can recover 60% of their damages from Driver A

Answer

Under the 51% bar rule, a plaintiff with 40% fault is not barred and recovers damages reduced by their 40% share, receiving 60% of total damages.

Question 3

A dog owner knows her dog has previously bitten a neighbor. The dog bites a mail carrier. In most jurisdictions, the owner's liability is best described as:

Accepted Answer

Strict liability because of the known dangerous propensity

Answer

The 'one bite rule' imposes strict liability on owners who have prior knowledge of their animal's dangerous propensity.

Question 4

A surgeon performs an emergency appendectomy on an unconscious patient without obtaining consent. The patient later objects. Is the surgeon liable for battery?

Accepted Answer

No, because implied consent from the emergency situation is a valid defense

Answer

Emergency implied consent is a recognized defense where a patient is unable to consent and a reasonable person would consent to the life-saving procedure.

Question 5

A plaintiff slips on ice on a store's parking lot. The plaintiff cannot identify exactly when the ice formed or how long it was there. The plaintiff relies on res ipsa loquitur. For res ipsa to apply, the plaintiff must show:

Accepted Answer

The injury is the kind that ordinarily does not occur without negligence and the defendant had exclusive control

Answer

Res ipsa loquitur requires that the accident type ordinarily implies negligence and the instrumentality was in the defendant's exclusive control.

(FYLSX) Baby Bar Exam Practice Test

(FYLSX) Baby Bar Exam Practice Test

FYLSX Torts Principles & Liability Rules 5