MA Bar Torts

Question 1

To establish a negligence claim, a plaintiff must prove which four elements?

Accepted Answer

Duty, breach, causation, damages

Answer

Intent, act, causation, damages

Answer

Malice, breach, harm, standing

Answer

Duty, knowledge, harm, intent

Question 2

Under Massachusetts law, what standard of comparative fault reduces a plaintiff's recovery proportionally?

Accepted Answer

Modified comparative fault bars recovery if the plaintiff is 51% or more at fault

Answer

Contributory negligence bars recovery entirely

Answer

Pure comparative fault allows recovery regardless of plaintiff's fault percentage

Answer

Last clear chance doctrine applies instead of comparative fault

Question 3

Which intentional tort involves the intentional confinement of a person within fixed boundaries without their consent?

Accepted Answer

False imprisonment

Answer

Battery

Answer

Assault

Answer

Intentional infliction of emotional distress

Question 4

Under products liability, the strict liability doctrine of Restatement § 402A holds sellers liable for:

Accepted Answer

Unreasonably dangerous products in a defective condition that cause harm

Answer

Products they knew were defective

Answer

Only manufacturing defects, not design defects

Answer

Products only if privity of contract exists

Question 5

A public figure plaintiff suing for defamation must prove the defendant acted with:

Accepted Answer

Actual malice — knowledge of falsity or reckless disregard for the truth

Answer

Negligence

Answer

Malice toward the plaintiff personally

Answer

Gross negligence

Question 6

The doctrine of res ipsa loquitur allows a negligence inference when:

Accepted Answer

The accident is of a type that ordinarily would not occur without negligence, and the instrumentality was in the defendant's exclusive control

Answer

The defendant admits fault

Answer

Direct evidence of negligence is available

Answer

The plaintiff was an invitee on the defendant's property