Lawyer Tort Law 2

Question 1

In a jurisdiction that follows pure contributory negligence, a plaintiff found 5% at fault for their own injuries will:

Accepted Answer

Be completely barred from recovering any damages

Answer

Have their damages reduced by 5%

Answer

Recover 95% of their total damages

Answer

Recover only if the defendant was at least 50% at fault

Question 2

Under the traditional common law classification of entrants, a landowner's duty to trespassers is limited to:

Accepted Answer

Refraining from willful, wanton, or intentional harm

Answer

Reasonable care under all circumstances

Answer

Only a duty to warn of known artificial conditions on the land

Answer

Full reasonable care if the trespasser was invited by a tenant

Question 3

Under the discovery rule for tort statutes of limitations, the limitations period begins to run when:

Accepted Answer

The plaintiff discovers or reasonably should have discovered the injury and its cause

Answer

The defendant commits the wrongful act giving rise to the claim

Answer

The plaintiff files a complaint with the appropriate court

Answer

A fixed period of 10 years elapses from the date of injury

Question 4

Punitive damages in a tort case are primarily intended to:

Accepted Answer

Punish the defendant for egregious conduct and deter similar future behavior

Answer

Compensate the plaintiff fully for all economic losses sustained

Answer

Cover the plaintiff's past and future medical expenses

Answer

Reimburse the plaintiff for non-economic losses such as pain and suffering

Question 5

A private nuisance claim requires the plaintiff to prove:

Accepted Answer

An unreasonable, substantial interference with the plaintiff's use and enjoyment of their property

Answer

Government action unreasonably affecting the general public's use of land

Answer

A physical trespass or entry onto the plaintiff's land by the defendant

Answer

Intentional destruction of the plaintiff's personal property

Question 6

Defamation 'per se' differs from ordinary defamation in that:

Accepted Answer

The statements are so inherently harmful that damages are presumed without specific proof

Answer

It applies only to statements made about public figures

Answer

The plaintiff must prove actual malice by the defendant

Answer

It applies only to written (libelous) statements, not oral (slanderous) ones

Question 7

Under the Restatement (Second) § 402A standard for strict products liability, a plaintiff must show:

Accepted Answer

The product was in an unreasonably dangerous defective condition when it left the seller's control

Answer

The manufacturer was negligent in designing or manufacturing the product

Answer

The consumer failed to follow the product's warning label instructions

Answer

The product caused any type of harm, regardless of whether it was defective