IA Bar Torts 3

Question 1

The 'eggshell skull' (thin skull) doctrine in tort law holds that:

Accepted Answer

A defendant takes the plaintiff as found and is liable for all damages even if unforeseeable in extent

Answer

Defendants are only liable for foreseeable types of harm to a plaintiff

Answer

Plaintiffs with pre-existing conditions cannot recover for aggravation of those conditions

Answer

Defendants are not liable if the plaintiff's unusual fragility substantially caused the greater harm

Question 2

Assumption of risk as a defense to a negligence claim requires that the plaintiff:

Accepted Answer

Knowingly and voluntarily encountered a specific known risk

Answer

Was comparatively at fault for causing the accident to occur

Answer

Failed to exercise due care in avoiding the foreseeable risk

Answer

Was generally aware of all risks associated with the activity

Question 3

The economic loss rule in tort law generally provides that:

Accepted Answer

Recovery in tort for purely economic losses is barred absent physical injury or property damage

Answer

Plaintiffs may always recover purely economic losses in negligence actions

Answer

Plaintiffs must mitigate economic losses before filing a tort suit

Answer

Tort damages are limited to the plaintiff's actual out-of-pocket losses

Question 4

A prima facie case for defamation requires proof of:

Accepted Answer

A false statement of fact about the plaintiff published to a third party that damages reputation

Answer

Intent to harm plaintiff's reputation plus publication of false information

Answer

Any negative public statement about the plaintiff regardless of truth

Answer

Proof the defendant knew the statement was false when it was made

Question 5

To establish a private nuisance claim, the plaintiff must show:

Accepted Answer

A substantial and unreasonable interference with plaintiff's use and enjoyment of land

Answer

The defendant specifically intended to harm the plaintiff

Answer

Any interference, however minor, with plaintiff's use of their property

Answer

A physical invasion or trespass onto the plaintiff's property

Question 6

The learned intermediary doctrine in pharmaceutical products liability holds that:

Accepted Answer

A manufacturer satisfies its duty to warn by providing adequate warnings to a learned intermediary such as a prescribing physician

Answer

Intermediaries in the distribution chain are strictly liable for product defects they pass along

Answer

Medical experts must always testify as to the adequacy of product warnings at trial

Answer

Drug companies need not provide any warnings when a drug is available by prescription only

Question 7

Under Iowa law, which of the following correctly describes the fault allocation rule in multi-defendant tort cases governed by Iowa Code Chapter 668?

Accepted Answer

Fault is apportioned among all parties, and each defendant is liable only for their proportionate share of the damages

Answer

Each defendant is jointly and severally liable for the entire judgment regardless of their percentage of fault

Answer

The defendant with the deepest pockets bears full liability regardless of comparative fault percentages

Answer

Defendants are jointly and severally liable only if their combined fault exceeds 50%