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

Conversion in Montana requires an intentional act that constitutes a serious, substantial interference with the plaintiff's right to possession of personal property, warranting a forced sale remedy.

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

Montana has incorporated implied assumption of the risk into its comparative fault system; assumed risk is treated as a form of plaintiff's fault that reduces (but does not necessarily bar) recovery.

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

Montana applies respondeat superior: an employer is vicariously liable when an employee's tortious act occurs within the scope of employment (in furtherance of the employer's business).

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

Montana's wrongful death statute permits recovery for the pecuniary and non-pecuniary losses suffered by statutory heirs, including loss of support, companionship, and services.

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

Private nuisance in Montana is a non-trespassory invasion that unreasonably interferes with a plaintiff's use and enjoyment of their property, such as excessive noise or pollution.

MT Bar - Montana Bar Exam Practice Test

MT Bar - Montana Bar Exam Practice Test

MT Bar Torts 3