Torts Flashcards
6 cards from real ID BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Torts flashcards as text
Under the negligence standard, the duty of care owed to an invitee on Idaho premises is:
Answer: A duty to exercise reasonable care to inspect and make the premises safe
Under Idaho law, a landowner owes an invitee the highest duty — reasonable care to inspect the premises and make them safe or warn of known dangers.
Idaho has adopted comparative fault. Under Idaho Code § 6-801, a plaintiff who is found more than 50% at fault:
Answer: Recovers nothing
Idaho follows modified comparative fault — a plaintiff is barred from recovery if their comparative fault is 50% or greater under Idaho Code § 6-801.
In Idaho, which of the following is the standard for liability under strict products liability?
Answer: The product was unreasonably dangerous when it left the seller's control and caused the plaintiff's injury
Idaho follows the Restatement (Second) of Torts § 402A, imposing strict liability when a product is sold in a defective, unreasonably dangerous condition that causes injury.
Which of the following elements is NOT required to prove intentional infliction of emotional distress (IIED) in Idaho?
Answer: Physical injury accompanying the emotional distress
Idaho recognizes IIED without requiring physical injury — extreme and outrageous conduct, intent or recklessness, and actual severe emotional distress are the elements.
Under the tort of battery, which of the following is required for liability?
Answer: Intentional act causing harmful or offensive contact without consent
Battery requires an intentional act that causes harmful or offensive contact with another person without their consent; the intent need only be to make contact, not to cause harm.
Under the doctrine of respondeat superior, an employer is vicariously liable for an employee's tort when:
Answer: The tort occurs within the scope of the employee's employment
Respondeat superior holds employers vicariously liable for employee torts committed within the scope of employment — frolic and detour outside the scope breaks the chain.