Torts Flashcards
7 cards from real MO BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Torts flashcards as text
Strict liability for abnormally dangerous activities requires which of the following?
Answer: The activity must pose a serious risk of harm that cannot be eliminated by reasonable care
Strict liability for abnormally dangerous activities applies when the activity creates a serious risk of harm not eliminable by reasonable care and is not a matter of common usage.
Which element distinguishes intentional infliction of emotional distress (IIED) from negligent infliction of emotional distress (NIED)?
Answer: IIED requires extreme and outrageous conduct intended to cause severe distress; NIED requires only negligent conduct
IIED requires intentional or reckless extreme and outrageous conduct causing severe emotional distress, whereas NIED is based on a negligence standard.
In a products liability case based on manufacturing defect, a plaintiff must show:
Answer: The product deviated from its intended design in a way that made it unreasonably dangerous
A manufacturing defect claim requires showing that the specific product deviated from the intended design, making it more dangerous than products that conform to the design.
A private nuisance claim requires that the plaintiff show the defendant's conduct:
Answer: Substantially and unreasonably interfered with the plaintiff's use and enjoyment of their land
Private nuisance protects against substantial, unreasonable interference with a plaintiff's use and enjoyment of their land.
Under the Restatement (Second) approach, a landowner owes which duty to a licensee?
Answer: A duty to warn of known dangerous conditions not likely to be discovered by the licensee
A landowner owes a licensee the duty to warn of known dangerous conditions that are not obvious or known to the licensee.
The tort of trespass to land is actionable:
Answer: Regardless of whether the defendant intended to enter the land of another person
Trespass to land is an intentional tort requiring only that the defendant intended to enter the land; a mistake about ownership is not a defense.
Which of the following is a valid affirmative defense to an assault claim?
Answer: The plaintiff consented to the defendant's conduct
Consent is a complete defense to assault; if the plaintiff agreed to the conduct, the defendant is not liable.