IL Bar Torts 1 — Questions and Answers
Question 1: In Illinois, which elements must a plaintiff prove for a negligence claim?
- Intent, causation, and damages
- Duty, breach, causation, and damages (Correct answer)
- Negligence per se, actual harm, and proximate cause
- Strict liability and damages
Correct answer: Duty, breach, causation, and damages
Illinois negligence requires the plaintiff to prove the defendant owed a duty of care, breached that duty, the breach was the actual and proximate cause of harm, and the plaintiff suffered damages.
Question 2: Illinois adopted a modified comparative fault system. A plaintiff who is more than __ % at fault is barred from recovery:
- 25%
- 49%
- 50% (Correct answer)
- 51%
Correct answer: 50%
Illinois uses a modified comparative fault rule under 735 ILCS 5/2-1116: a plaintiff whose fault exceeds 50% is completely barred from recovery.
Question 3: Res ipsa loquitur allows an inference of negligence when:
- The defendant admits to careless conduct
- The type of harm normally does not occur without negligence and the defendant had exclusive control of the instrumentality (Correct answer)
- There is direct evidence of breach
- The plaintiff suffered severe injuries
Correct answer: The type of harm normally does not occur without negligence and the defendant had exclusive control of the instrumentality
Res ipsa loquitur permits an inference of negligence when the accident is of a type that normally does not occur absent negligence, the instrumentality was under the defendant's exclusive control, and the plaintiff was not contributorily negligent.
Question 4: Under Illinois strict liability law (Restatement Second § 402A), a product manufacturer is strictly liable for harm caused by a product that is:
- Merely capable of being dangerous
- In a defective condition unreasonably dangerous to users (Correct answer)
- Sold without adequate warnings
- Recalled by the manufacturer
Correct answer: In a defective condition unreasonably dangerous to users
Illinois strict products liability requires that the product was in a defective condition unreasonably dangerous when it left the seller's control and caused harm to the plaintiff.
Question 5: Which tort provides a remedy for a defendant who intentionally enters the land of another without permission or lawful justification?
- Conversion
- Trespass to chattels
- Trespass to land (Correct answer)
- Nuisance
Correct answer: Trespass to land
Trespass to land is an intentional tort requiring only an intent to enter the land, not intent to trespass; actual damages need not be proved for nominal damages to be available.
Question 6: The tort of intentional infliction of emotional distress in Illinois requires conduct that is:
- Merely offensive or insensitive
- Extreme and outrageous, beyond all decency, and intolerable in a civilized community (Correct answer)
- Negligent and causes emotional harm
- Directed at a vulnerable plaintiff
Correct answer: Extreme and outrageous, beyond all decency, and intolerable in a civilized community
Illinois IIED requires conduct that is extreme and outrageous, intended to cause or recklessly causing severe emotional distress, resulting in actual severe distress.
IL Bar Torts 1
In Illinois, which elements must a plaintiff prove for a negligence claim?