MT Bar Torts 3

Question 1

Under Montana law, the tort of conversion requires:

Accepted Answer

An intentional act that seriously interferes with another's right to possess personal property

Answer

Temporary interference with another's personal property

Answer

Damage to real property

Answer

Only negligent handling of another's goods

Question 2

In Montana, the defense of assumption of the risk:

Accepted Answer

Is merged into comparative fault analysis and reduces plaintiff's recovery proportionally

Answer

Completely bars recovery in all tort cases

Answer

Only applies in sports injury cases

Answer

Requires a written waiver to be effective

Question 3

Under Montana law, an employer is vicariously liable for an employee's torts committed:

Accepted Answer

Within the scope of employment during working hours

Answer

At any time, including personal errands

Answer

Only if the employer authorized the specific act

Answer

Never, unless the employer was also negligent

Question 4

Montana's wrongful death statute (MCA § 27-1-513) allows damages for which of the following?

Accepted Answer

Loss of support, companionship, comfort, society, and services of the deceased

Answer

Loss of consortium only

Answer

Grief and sorrow of the heirs only

Answer

Punitive damages automatically

Question 5

In Montana, the tort of private nuisance protects against:

Accepted Answer

Unreasonable interference with a private individual's use and enjoyment of their land

Answer

Government taking of property

Answer

Physical trespass upon land

Answer

Public interference with roads or waterways

Question 6

Under Montana's charitable immunity rule:

Accepted Answer

Montana has abolished charitable immunity

Answer

Charitable organizations have complete immunity from tort liability

Answer

Charities are immune only for intentional torts

Answer

Charitable immunity applies only to governmental entities