MI Bar Torts and Negligence 5

Question 1

Under Michigan no-fault, personal protection insurance (PIP) benefits cover which of the following regardless of fault?

Accepted Answer

Allowable medical expenses, work loss, and replacement services

Answer

Pain and suffering damages

Answer

Punitive damages

Answer

Vehicle repair costs

Question 2

In Michigan, what effect does a plaintiff's failure to wear a seat belt have on a negligence recovery?

Accepted Answer

Damages may be reduced by no more than 5% for seat belt nonuse

Answer

The claim is completely barred

Answer

Damages are reduced by up to 50%

Answer

It has no effect by statute

Question 3

A Michigan defendant asserts the sudden emergency doctrine in a rear-end collision case. What is the doctrine's effect?

Accepted Answer

It may rebut the statutory presumption of negligence if the emergency was unusual, unsuspected, and not of the defendant's making

Answer

It shifts liability entirely to the plaintiff

Answer

It caps the plaintiff's damages

Answer

It converts the claim to strict liability

Question 4

Under Michigan law, a claim for tortious interference with a business relationship requires proof that the defendant did what?

Accepted Answer

Intentionally committed a wrongful act or a lawful act with malice, unjustified in law, to invade the relationship

Answer

Merely competed for the same customers

Answer

Negligently disrupted a contract

Answer

Breached its own contract with the plaintiff

Question 5

In Michigan, the owner of a motor vehicle is liable for the negligent operation of the vehicle by another under what condition?

Accepted Answer

The vehicle was being driven with the owner's express or implied consent

Answer

The driver was a family member only

Answer

The driver was an employee only

Answer

The owner was a passenger at the time

Question 6

A plaintiff sues a Michigan governmental employee personally for a tort. The employee is immune if acting within the scope of authority, engaged in a governmental function, and the conduct did not amount to what?

Accepted Answer

Gross negligence that is the proximate cause of the injury

Answer

Ordinary negligence

Answer

Any breach of duty

Answer

Simple carelessness

Question 7

Under Michigan defamation law, a private-figure plaintiff suing a media defendant on a matter of public concern must prove at least what level of fault?

Accepted Answer

Negligence regarding the falsity of the statement

Answer

Strict liability

Answer

Actual malice in all cases

Answer

Criminal intent