ID Bar Torts 3

Question 1

Under the res ipsa loquitur doctrine, negligence may be inferred when:

Accepted Answer

The accident is of a kind that ordinarily does not occur without negligence, the instrumentality was in defendant's exclusive control, and plaintiff did not contribute

Answer

Res ipsa loquitur allows an inference of negligence when (1) the accident type ordinarily doesn't happen without negligence, (2) the defendant had exclusive control, and (3) the plaintiff did not contribute.

Question 2

Idaho Code § 6-1606 limits non-economic damages in medical malpractice cases to:

Accepted Answer

$500,000

Answer

Idaho Code § 6-1603 caps non-economic damages in medical malpractice cases at $500,000, adjusted periodically for inflation.

Question 3

Under the tort of trespass to land, liability exists even without:

Accepted Answer

Physical damage to the land

Answer

Trespass to land is an intentional tort — liability attaches upon intentional entry regardless of whether actual damage occurs.

Question 4

In Idaho, the learned intermediary doctrine in pharmaceutical products liability provides that:

Accepted Answer

A drug manufacturer's duty to warn runs to the prescribing physician, not the patient

Answer

Under the learned intermediary doctrine, a pharmaceutical manufacturer satisfies its duty to warn by providing adequate warnings to the prescribing physician, who then assumes responsibility for patient counseling.

Question 5

Under the economic loss rule in Idaho, a plaintiff generally cannot recover in tort for:

Accepted Answer

Purely economic losses without accompanying physical injury or property damage

Answer

The economic loss rule bars recovery in negligence or strict liability for purely economic losses — lost profits or business losses — unaccompanied by physical injury or property damage.

ID Bar - Idaho Bar Exam Practice Test

ID Bar - Idaho Bar Exam Practice Test

ID Bar Torts 3