GA Bar Torts and Negligence 2

Question 1

Under Georgia law, which doctrine allows a plaintiff to recover even if they were partially at fault, as long as their fault does not exceed the defendant's?

Accepted Answer

Modified comparative fault

Answer

Georgia follows modified comparative fault (OCGA § 51-12-33), barring recovery if the plaintiff is 50% or more at fault.

Question 2

A store owner knows a floor is wet but fails to post a warning sign. A customer slips and falls. Under premises liability, the store owner is best classified as owing the customer which duty?

Accepted Answer

Duty owed to an invitee

Answer

A customer in a store is a business invitee, to whom the owner owes the highest duty of care including inspection and warning of known hazards.

Question 3

In a products liability case in Georgia, which theory imposes liability on a manufacturer without requiring proof of negligence in the manufacturing process?

Accepted Answer

Strict products liability

Answer

Strict products liability holds manufacturers liable for defective products regardless of whether they exercised reasonable care.

Question 4

Which element of negligence requires a plaintiff to show that the defendant's breach was the 'but-for' cause of the plaintiff's injury?

Accepted Answer

Actual cause (cause-in-fact)

Answer

Actual cause (cause-in-fact) is established by the but-for test: but for the defendant's conduct, the plaintiff's injury would not have occurred.

Question 5

A defendant commits battery by intentionally striking the plaintiff. The plaintiff also suffers severe emotional distress from the incident. Which tort doctrine allows recovery for that emotional harm?

Accepted Answer

Parasitic damages allow emotional distress to attach to the battery claim

Answer

Parasitic damages permit emotional distress recovery as an element of damages when attached to an underlying tort like battery.

(GA Bar) Georgia Bar Exam Practice Test

(GA Bar) Georgia Bar Exam Practice Test

GA Bar Torts and Negligence 2