GA Bar Torts and Negligence 3

Question 1

A defendant publishes a false statement of fact about a private individual that damages the individual's reputation. Which standard of fault must the private plaintiff meet under Georgia defamation law?

Accepted Answer

Negligence

Answer

After Gertz v. Robert Welch, private-figure plaintiffs need only prove negligence, not actual malice, to recover for defamation.

Question 2

Which of the following best describes the tort of 'trespass to chattels' as distinguished from conversion?

Accepted Answer

Trespass to chattels requires only proof of nominal interference; conversion requires serious interference justifying forced sale

Answer

Trespass to chattels covers minor interferences with personal property, while conversion involves such serious interference that the defendant must pay the full value.

Question 3

Under the doctrine of respondeat superior, an employer is vicariously liable for an employee's tort when the tort occurs:

Accepted Answer

Within the scope of employment

Answer

Respondeat superior imposes liability on an employer when the employee's tort is committed within the scope of employment.

Question 4

A plaintiff cannot prove which specific defendant among multiple negligent actors caused her indivisible injury. Under the doctrine of alternative liability (Summers v. Tice approach), what happens to the burden of proof?

Accepted Answer

The burden shifts to each defendant to disprove their causation

Answer

Under alternative liability, when all defendants acted negligently and only one caused the injury, the burden shifts to each defendant to exonerate themselves.

Question 5

Georgia law recognizes which privilege as a complete defense to an intentional tort claim when a store owner briefly detains a suspected shoplifter based on reasonable grounds?

Accepted Answer

Shopkeeper's privilege

Answer

The shopkeeper's privilege (OCGA § 51-7-60) allows merchants to detain suspected shoplifters briefly and reasonably without incurring false imprisonment liability.

(GA Bar) Georgia Bar Exam Practice Test

(GA Bar) Georgia Bar Exam Practice Test

GA Bar Torts and Negligence 3