ID Bar Torts 2 — Questions and Answers
Question 1: Under Idaho law, the general statute of limitations for most tort claims is:
- 1 year
- 2 years (Correct answer)
- 3 years
- 4 years
Correct answer: 2 years
Idaho Code § 5-219 provides a two-year statute of limitations for personal injury, professional malpractice, and most other tort claims.
Question 2: The 'eggshell plaintiff' rule in tort law provides that:
- A defendant is not liable for injuries to an unusually vulnerable plaintiff
- A defendant takes the plaintiff as they find them and is liable for the full extent of injuries even if unforeseeable (Correct answer)
- Damages are limited to what a normal plaintiff would have suffered
- The plaintiff must disclose pre-existing conditions before filing suit
Correct answer: A defendant takes the plaintiff as they find them and is liable for the full extent of injuries even if unforeseeable
The eggshell skull rule holds defendants responsible for the full extent of the plaintiff's injuries, even if the plaintiff had a pre-existing condition that made them more susceptible to harm.
Question 3: In Idaho, public officials bringing defamation claims must prove:
- Negligence as to the falsity of the statement
- Actual malice — knowledge of falsity or reckless disregard for the truth (Correct answer)
- The statement was made in writing
- The defendant had a motive to harm the plaintiff
Correct answer: Actual malice — knowledge of falsity or reckless disregard for the truth
Following New York Times Co. v. Sullivan, public officials must prove actual malice — that the defendant knew the statement was false or acted with reckless disregard for its truth or falsity.
Question 4: Which of the following is a valid affirmative defense to negligence that completely bars recovery in Idaho?
- Assumption of risk (express) (Correct answer)
- Contributory negligence
- Comparative fault under 50%
- Comparative fault exactly at 50%
Correct answer: Assumption of risk (express)
Express assumption of risk — where the plaintiff knowingly and voluntarily agrees to accept a specific risk — completely bars recovery in Idaho.
Question 5: Under the tort of private nuisance, a plaintiff must show the defendant's interference with use and enjoyment of land is:
- Intentional and unreasonable, or unintentional and negligent/abnormally dangerous (Correct answer)
- Only unintentional and accidental
- Only intentional and malicious
- Physical damage to the plaintiff's land
Correct answer: Intentional and unreasonable, or unintentional and negligent/abnormally dangerous
Private nuisance requires interference that is either intentional and unreasonable, or unintentional but negligent, reckless, or resulting from abnormally dangerous activity.
Question 6: Under strict liability for abnormally dangerous activities, which factor is NOT relevant under the Restatement (Second) § 520?
- High probability of harm
- Inability to eliminate the risk with reasonable care
- Whether the defendant had adequate liability insurance (Correct answer)
- Inappropriateness of the activity to the location
Correct answer: Whether the defendant had adequate liability insurance
The six § 520 factors focus on the nature of the activity and its risk — insurance coverage is not among them.
ID Bar Torts 2
Under Idaho law, the general statute of limitations for most tort claims is: