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

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.

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 intentional or reckless extreme and outrageous conduct causing severe emotional distress, whereas NIED is based on a negligence standard.

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

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.

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

Private nuisance protects against substantial, unreasonable interference with a plaintiff's use and enjoyment of their land.

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

A landowner owes a licensee the duty to warn of known dangerous conditions that are not obvious or known to the licensee.

MO Bar - Missouri Bar Exam Practice Test

MO Bar - Missouri Bar Exam Practice Test

MO Bar Torts 2