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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
  1. A plaintiff sues a defendant for negligence after slipping on a wet floor in a store. To establish a prima facie case, which element does the plaintiff NOT need to prove?

    Answer: Defendant's intent to cause harm

    Negligence does not require proof of intent; the plaintiff must only show duty, breach, causation, and damages.

  2. Under the 'but-for' test of actual causation, a defendant's conduct is the cause-in-fact of plaintiff's injury when:

    Answer: The injury would not have occurred but for the defendant's negligent conduct

    The but-for test asks whether the harm would not have occurred but for the defendant's negligent act.

  3. Which of the following best describes the doctrine of res ipsa loquitur?

    Answer: Negligence may be inferred when the injury is of a type that ordinarily does not occur without negligence

    Res ipsa loquitur allows negligence to be inferred when the harm is of a type that would not ordinarily occur absent negligence and the instrumentality was in the defendant's control.

  4. A battery claim requires the plaintiff to prove that the defendant:

    Answer: Intended to cause harmful or offensive contact and contact resulted

    Battery requires intentional harmful or offensive contact with the plaintiff's person.

  5. Under pure comparative fault, a plaintiff who is 60% at fault for their own injury and suffered $100,000 in damages would recover:

    Answer: $40,000

    Under pure comparative fault, a plaintiff recovers damages reduced by their own percentage of fault regardless of how large that percentage is, so $100,000 × (1 − 0.60) = $40,000.

  6. Which standard of care applies to a licensed professional such as a physician accused of malpractice?

    Answer: The standard of care of a reasonably competent professional in the same field

    Professionals are held to the standard of care of a reasonably competent member of their profession under the same or similar circumstances.

  7. The 'eggshell plaintiff' (thin skull) rule provides that:

    Answer: A defendant takes the plaintiff as they find them and is liable for full extent of harm even if unforeseeable

    Under the eggshell plaintiff rule, a defendant is fully liable for all harm caused even if the plaintiff's unusual susceptibility made the harm far greater than expected.