MS Bar MS Bar Torts 1 — Questions and Answers
Question 1: Mississippi adopted which system of comparative fault for tort actions?
- Pure contributory negligence
- Pure comparative fault (Correct answer)
- Modified comparative fault (50% bar)
- Modified comparative fault (51% bar)
Correct answer: Pure comparative fault
Mississippi follows the pure comparative fault system, allowing a plaintiff to recover even if they are 99% at fault, reduced proportionally.
Question 2: Under Mississippi law, the statute of limitations for most personal injury tort claims is:
- 1 year
- 2 years
- 3 years (Correct answer)
- 5 years
Correct answer: 3 years
Mississippi's general statute of limitations for personal injury actions is 3 years from the date of injury.
Question 3: In a Mississippi products liability action, which theory allows recovery without proving the manufacturer was negligent?
- Negligence per se
- Strict liability in tort (Correct answer)
- Res ipsa loquitur
- Breach of implied warranty only
Correct answer: Strict liability in tort
Strict liability in tort allows a plaintiff to recover for injuries caused by an unreasonably dangerous defective product without proving negligence.
Question 4: Under Mississippi law, a possessor of land owes which duty to a trespasser?
- The highest duty of reasonable care in all circumstances
- A duty to warn of known dangerous artificial conditions only
- A duty to refrain from willful, wanton, or reckless conduct (Correct answer)
- No duty whatsoever
Correct answer: A duty to refrain from willful, wanton, or reckless conduct
Mississippi imposes a duty on landowners to refrain from willful, wanton, or reckless conduct toward trespassers.
Question 5: In Mississippi, the tort of intentional infliction of emotional distress requires conduct that is:
- Merely offensive to a reasonable person
- Extreme and outrageous beyond all possible bounds of decency (Correct answer)
- Any intentional act causing distress
- Negligent but severe
Correct answer: Extreme and outrageous beyond all possible bounds of decency
Mississippi requires that the defendant's conduct be extreme and outrageous, exceeding all bounds of decency, to establish intentional infliction of emotional distress.
Question 6: Under Mississippi tort law, which doctrine holds an employer liable for an employee's torts committed within the scope of employment?
- Negligent hiring
- Respondeat superior (Correct answer)
- Apparent authority
- Non-delegable duty
Correct answer: Respondeat superior
Under respondeat superior, an employer is vicariously liable for torts committed by employees acting within the scope of their employment.
MS Bar MS Bar Torts 1
Mississippi adopted which system of comparative fault for tort actions?