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

PIP benefits under MCL 500.3107 cover medical expenses, up to three years of work loss, and replacement services, but never noneconomic damages.

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

MCL 257.710e caps any damage reduction for failure to wear a seat belt at 5%.

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

Michigan's sudden emergency doctrine can excuse a statutory violation or rebut the rear-end presumption when the emergency was not caused by the defendant.

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

Michigan requires an intentional and improper interference — either a per se wrongful act or a lawful act done with malice and without justification.

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

Michigan's owner liability statute, MCL 257.401, imposes liability on owners when the vehicle is driven with their express or implied consent or knowledge.

(MI Bar) Michigan Bar Exam Practice Test

(MI Bar) Michigan Bar Exam Practice Test

MI Bar Torts and Negligence 5