IA Bar Torts 2

Question 1

Battery is best defined as:

Accepted Answer

An intentional act causing harmful or offensive contact with another's person

Answer

Battery is an intentional act that causes harmful or offensive contact with the plaintiff's person; the defendant must intend the contact or know it is substantially certain to result.

Question 2

To establish intentional infliction of emotional distress (IIED), a plaintiff must show the defendant's conduct was:

Accepted Answer

Extreme and outrageous, intentionally or recklessly causing severe emotional distress

Answer

IIED requires extreme and outrageous conduct (beyond all bounds of decency tolerated by a civilized society), done intentionally or recklessly, causing severe emotional distress to the plaintiff.

Question 3

Which of the following is a complete defense to a battery claim?

Accepted Answer

The plaintiff voluntarily and knowingly consented to the contact

Answer

Consent is a complete defense to battery if the plaintiff voluntarily and knowingly consented to the contact within the scope of the consent given.

Question 4

Under strict products liability (Restatement Second § 402A), a commercial seller is liable when:

Accepted Answer

The product was sold in a defective condition unreasonably dangerous to the user

Answer

Under Restatement Second § 402A, a seller of a product in a defective condition unreasonably dangerous to the user is liable for physical harm caused to the ultimate user, regardless of negligence or privity.

Question 5

Strict liability for 'abnormally dangerous activities' is imposed when:

Accepted Answer

The activity involves a high risk of serious harm that cannot be eliminated by reasonable care and is not common to the area

Answer

Strict liability for abnormally dangerous activities applies when the activity involves a high degree of risk of serious harm that cannot be eliminated by reasonable care, and the activity is not a matter of common usage in the locality.

(IA Bar) Iowa Bar Exam Practice Test

(IA Bar) Iowa Bar Exam Practice Test

IA Bar Torts 2