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

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.

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

Assumption of risk requires that the plaintiff subjectively knew of and appreciated the specific risk involved and voluntarily chose to encounter it.

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

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.

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

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).

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

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.

(IA Bar) Iowa Bar Exam Practice Test

(IA Bar) Iowa Bar Exam Practice Test

IA Bar Torts 3