MO Bar Torts 3

Question 1

In a defamation claim by a private plaintiff on a matter of private concern, the plaintiff must prove:

Accepted Answer

Negligence and actual damages for defamation per quod; no proof of damages needed for defamation per se

Answer

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.

Question 2

Under Missouri's comparative fault system, the plaintiff is barred from recovery if their own fault:

Accepted Answer

Missouri follows pure comparative fault with no bar

Answer

Missouri follows pure comparative fault, meaning a plaintiff can recover even if they are 99% at fault, with damages reduced proportionally.

Question 3

Which doctrine holds an employer liable for the torts of an employee committed within the scope of employment?

Accepted Answer

Respondeat superior

Answer

Respondeat superior imposes vicarious liability on employers for torts committed by employees acting within the scope of their employment.

Question 4

A 'design defect' in a products liability case under the consumer expectations test exists when:

Accepted Answer

The product failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner

Answer

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.

Question 5

For a plaintiff to recover for false imprisonment, which element is required?

Accepted Answer

The plaintiff must have been aware of the confinement or suffered harm from it

Answer

False imprisonment requires that the plaintiff was aware of the confinement at the time or suffered actual harm from it even without awareness.

MO Bar - Missouri Bar Exam Practice Test

MO Bar - Missouri Bar Exam Practice Test

MO Bar Torts 3