GA Bar Torts and Negligence 5

Question 1

In Georgia, the 'impact rule' traditionally required what predicate before a plaintiff could recover for negligently inflicted emotional distress?

Accepted Answer

Some physical impact on the plaintiff's person

Answer

Georgia's traditional impact rule required some physical contact with the plaintiff before emotional distress damages were recoverable for negligence.

Question 2

When a defendant's negligent act combines with a pre-existing condition to produce indivisible harm, Georgia apportionment principles require:

Accepted Answer

The defendant pays only the portion of harm attributable to their negligence, with the plaintiff bearing the rest

Answer

When harm is divisible and some is attributable to a pre-existing condition, the defendant is liable only for the aggravation caused by their negligence.

Question 3

A defendant who acts in self-defense uses force that is reasonable and proportionate to the threatened harm. Which result follows under Georgia tort law?

Accepted Answer

Self-defense is a complete privilege that defeats an intentional tort claim

Answer

Self-defense is a complete privilege to the use of reasonable force when necessary to protect oneself from an imminent threat, defeating an intentional tort claim.

Question 4

Under Georgia law, joint and several liability was significantly modified by tort reform. Which statement best reflects the current rule for non-economic damages?

Accepted Answer

Each defendant is liable only for their proportionate share of non-economic damages

Answer

Georgia's tort reform (OCGA § 51-12-33) moved toward proportionate liability, so each defendant generally pays their percentage share of non-economic damages.

Question 5

A physician fails to inform a patient of a material risk of surgery, and the undisclosed risk materializes. The patient sues for lack of informed consent. What must the patient prove about causation?

Accepted Answer

That a reasonable patient would have refused the procedure had they been informed of the risk

Answer

Georgia uses an objective causation standard: the patient must show a reasonable patient would have declined surgery if properly informed of the material risk.

(GA Bar) Georgia Bar Exam Practice Test

(GA Bar) Georgia Bar Exam Practice Test

GA Bar Torts and Negligence 5