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
In a defamation claim by a private plaintiff on a matter of private concern, the plaintiff must prove:
Answer: Negligence and actual damages for defamation per quod; no proof of damages needed for defamation per se
Private plaintiffs on private matters must prove at least negligence; defamation per se (e.g., accusations of crime) may allow presumed damages, while defamation per quod requires proof of actual damages.
Under Missouri's comparative fault system, the plaintiff is barred from recovery if their own fault:
Answer: Missouri follows pure comparative fault with no bar
Missouri follows pure comparative fault, meaning a plaintiff can recover even if they are 99% at fault, with damages reduced proportionally.
Which doctrine holds an employer liable for the torts of an employee committed within the scope of employment?
Answer: Respondeat superior
Respondeat superior imposes vicarious liability on employers for torts committed by employees acting within the scope of their employment.
A 'design defect' in a products liability case under the consumer expectations test exists when:
Answer: The product failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner
Under the consumer expectations test, a design defect exists when the product fails to meet the safety expectations of an ordinary consumer in normal use.
For a plaintiff to recover for false imprisonment, which element is required?
Answer: The plaintiff must have been aware of the confinement or suffered harm from it
False imprisonment requires that the plaintiff was aware of the confinement at the time or suffered actual harm from it even without awareness.
A public figure suing for defamation must prove 'actual malice,' which means:
Answer: Knowledge that the statement was false or reckless disregard for its truth or falsity
Under New York Times v. Sullivan, actual malice means the defendant made the statement with knowledge of its falsity or with reckless disregard for its truth or falsity.
The 'rescue doctrine' in tort law provides that:
Answer: A negligent defendant who endangers a person is also liable to a rescuer who is injured attempting the rescue
The rescue doctrine extends the negligent defendant's liability to rescuers injured in a foreseeable rescue attempt, based on the principle that 'danger invites rescue.'