MT Bar Torts

Question 1

Montana has adopted which system for allocating fault among multiple tortfeasors?

Accepted Answer

Modified comparative fault (51% bar rule)

Answer

Pure contributory negligence

Answer

Pure comparative fault

Answer

Joint and several liability only

Question 2

In Montana, which of the following establishes the standard of care for a negligence claim?

Accepted Answer

The conduct of a reasonable person under the circumstances

Answer

The highest possible degree of care

Answer

Whatever care the defendant voluntarily undertook

Answer

The industry custom, which is conclusive

Question 3

Under Montana law, a landowner owes which duty of care to a trespassing child under the attractive nuisance doctrine?

Accepted Answer

Reasonable care if the landowner knows children trespass and the hazard poses an unreasonable risk

Answer

No duty, because the child was trespassing

Answer

Duty to warn only, not to make premises safe

Answer

The same duty owed to an invitee

Question 4

In a Montana products liability case, strict liability applies when:

Accepted Answer

A product is sold in a defective and unreasonably dangerous condition that causes harm

Answer

The manufacturer was negligent in design only

Answer

The plaintiff is not in privity with the manufacturer

Answer

The product was a service, not a good

Question 5

Under Montana law, the statute of limitations for a personal injury tort claim is generally:

Accepted Answer

3 years

Answer

1 year

Answer

2 years

Answer

5 years

Question 6

In Montana, which of the following best describes the 'eggshell plaintiff' rule?

Accepted Answer

A defendant takes the plaintiff as found and is liable for full extent of harm even if pre-existing condition made plaintiff unusually vulnerable

Answer

A defendant is not liable for unforeseeable pre-existing conditions

Answer

Damages are reduced proportionally to plaintiff's pre-existing condition

Answer

The rule applies only to intentional torts, not negligence