MO Bar Torts 2

Question 1

Strict liability for abnormally dangerous activities requires which of the following?

Accepted Answer

The activity must pose a serious risk of harm that cannot be eliminated by reasonable care

Answer

Proof that the defendant acted negligently in conducting the activity

Answer

The plaintiff must have been unaware of the risk created by the activity

Answer

The defendant must have intended to engage in a dangerous activity

Question 2

Which element distinguishes intentional infliction of emotional distress (IIED) from negligent infliction of emotional distress (NIED)?

Accepted Answer

IIED requires extreme and outrageous conduct intended to cause severe distress; NIED requires only negligent conduct

Answer

IIED requires physical impact; NIED does not

Answer

NIED allows higher damages than IIED

Answer

IIED applies only to public figures; NIED applies to all plaintiffs

Question 3

In a products liability case based on manufacturing defect, a plaintiff must show:

Accepted Answer

The product deviated from its intended design in a way that made it unreasonably dangerous

Answer

The product's design was inherently unreasonable

Answer

The manufacturer failed to warn about all known risks

Answer

The defendant was negligent in the manufacturing process

Question 4

A private nuisance claim requires that the plaintiff show the defendant's conduct:

Accepted Answer

Substantially and unreasonably interfered with the plaintiff's use and enjoyment of their land

Answer

Caused physical damage to the plaintiff's property

Answer

Constituted a criminal offense under state law

Answer

Occurred on the plaintiff's property

Question 5

Under the Restatement (Second) approach, a landowner owes which duty to a licensee?

Accepted Answer

A duty to warn of known dangerous conditions not likely to be discovered by the licensee

Answer

No duty whatsoever

Answer

A duty to inspect for and warn of all dangerous conditions

Answer

The same duty owed to an invitee

Question 6

The tort of trespass to land is actionable:

Accepted Answer

Regardless of whether the defendant intended to enter the land of another person

Answer

Only when the defendant knew the land belonged to someone else

Answer

Only when the plaintiff suffers actual damages

Answer

Only when the defendant's entry was continuous

Question 7

Which of the following is a valid affirmative defense to an assault claim?

Accepted Answer

The plaintiff consented to the defendant's conduct

Answer

The defendant did not intend to cause apprehension in a third party

Answer

The contact was harmless

Answer

The defendant did not actually touch the plaintiff