ID Bar Torts

Question 1

Under the negligence standard, the duty of care owed to an invitee on Idaho premises is:

Accepted Answer

A duty to exercise reasonable care to inspect and make the premises safe

Answer

No duty at all

Answer

A duty to warn of known hidden dangers only

Answer

A duty only to avoid willful or wanton injury

Question 2

Idaho has adopted comparative fault. Under Idaho Code § 6-801, a plaintiff who is found more than 50% at fault:

Accepted Answer

Recovers nothing

Answer

Recovers a reduced share proportional to the defendant's fault

Answer

Recovers full damages from the defendant

Answer

Recovers only medical expenses

Question 3

In Idaho, which of the following is the standard for liability under strict products liability?

Accepted Answer

The product was unreasonably dangerous when it left the seller's control and caused the plaintiff's injury

Answer

The manufacturer intentionally sold a dangerous product

Answer

The manufacturer was negligent in designing the product

Answer

The plaintiff must prove the seller knew of the defect

Question 4

Which of the following elements is NOT required to prove intentional infliction of emotional distress (IIED) in Idaho?

Accepted Answer

Physical injury accompanying the emotional distress

Answer

Extreme and outrageous conduct

Answer

Intent to cause or reckless disregard of causing severe emotional distress

Answer

Severe emotional distress actually resulted

Question 5

Under the tort of battery, which of the following is required for liability?

Accepted Answer

Intentional act causing harmful or offensive contact without consent

Answer

Harmful contact and intent to cause that harmful contact

Answer

Physical injury and negligent conduct

Answer

Contact accompanied by verbal threats

Question 6

Under the doctrine of respondeat superior, an employer is vicariously liable for an employee's tort when:

Accepted Answer

The tort occurs within the scope of the employee's employment

Answer

The employee commits any tort, regardless of circumstances

Answer

The employee is an independent contractor

Answer

The employer had prior notice of the employee's dangerous propensities