Torts Flashcards
7 cards from real IA BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Torts flashcards as text
The 'eggshell skull' (thin skull) doctrine in tort law holds that:
Answer: A defendant takes the plaintiff as found and is liable for all damages even if unforeseeable in extent
The eggshell skull rule holds that a defendant is liable for the full extent of a plaintiff's injuries even if a pre-existing condition made the plaintiff far more susceptible to harm than an ordinary person would have been.
Assumption of risk as a defense to a negligence claim requires that the plaintiff:
Answer: Knowingly and voluntarily encountered a specific known risk
Assumption of risk requires that the plaintiff subjectively knew of and appreciated the specific risk involved and voluntarily chose to encounter it.
The economic loss rule in tort law generally provides that:
Answer: Recovery in tort for purely economic losses is barred absent physical injury or property damage
The economic loss rule bars recovery in tort for purely economic losses (e.g., lost profits, diminished value) where no physical injury to persons or property damage occurred.
A prima facie case for defamation requires proof of:
Answer: A false statement of fact about the plaintiff published to a third party that damages reputation
Defamation requires: (1) a defamatory false statement of fact; (2) of or concerning the plaintiff; (3) published to a third party; and (4) causing damage to the plaintiff's reputation (damages may be presumed for libel per se).
To establish a private nuisance claim, the plaintiff must show:
Answer: A substantial and unreasonable interference with plaintiff's use and enjoyment of land
Private nuisance requires a substantial (not trivial or petty) and unreasonable interference with the plaintiff's use and enjoyment of land, weighing the gravity of the harm against the social utility of the defendant's conduct.
The learned intermediary doctrine in pharmaceutical products liability holds that:
Answer: A manufacturer satisfies its duty to warn by providing adequate warnings to a learned intermediary such as a prescribing physician
The learned intermediary doctrine allows drug manufacturers to satisfy their duty to warn end users by providing adequate warnings to prescribing physicians, who exercise independent medical judgment in recommending the product.
Under Iowa law, which of the following correctly describes the fault allocation rule in multi-defendant tort cases governed by Iowa Code Chapter 668?
Answer: Fault is apportioned among all parties, and each defendant is liable only for their proportionate share of the damages
Iowa Code Chapter 668 apportions fault among all parties (including plaintiff and non-parties), and each defendant is generally liable only for their proportionate share of the total damages.