MT Bar Torts 1 — Questions and Answers
Question 1: Montana has adopted which system for allocating fault among multiple tortfeasors?
- Pure contributory negligence
- Pure comparative fault
- Modified comparative fault (51% bar rule) (Correct answer)
- Joint and several liability only
Correct answer: Modified comparative fault (51% bar rule)
Montana uses modified comparative fault under MCA § 27-1-702; a plaintiff is barred from recovery if their negligence is equal to or greater than (51% or more) the defendant's combined negligence.
Question 2: In Montana, which of the following establishes the standard of care for a negligence claim?
- The conduct of a reasonable person under the circumstances (Correct answer)
- The highest possible degree of care
- Whatever care the defendant voluntarily undertook
- The industry custom, which is conclusive
Correct answer: The conduct of a reasonable person under the circumstances
Montana negligence law applies the objective reasonable person standard, asking what a reasonably prudent person would have done under similar circumstances.
Question 3: Under Montana law, a landowner owes which duty of care to a trespassing child under the attractive nuisance doctrine?
- No duty, because the child was trespassing
- Reasonable care if the landowner knows children trespass and the hazard poses an unreasonable risk (Correct answer)
- Duty to warn only, not to make premises safe
- The same duty owed to an invitee
Correct answer: Reasonable care if the landowner knows children trespass and the hazard poses an unreasonable risk
Montana recognizes the attractive nuisance doctrine: landowners must exercise reasonable care toward child trespassers when the artificial condition poses an unreasonable risk and children are likely to trespass.
Question 4: In a Montana products liability case, strict liability applies when:
- The manufacturer was negligent in design only
- A product is sold in a defective and unreasonably dangerous condition that causes harm (Correct answer)
- The plaintiff is not in privity with the manufacturer
- The product was a service, not a good
Correct answer: A product is sold in a defective and unreasonably dangerous condition that causes harm
Montana follows the Restatement (Second) of Torts § 402A: strict liability attaches when a product is defective and unreasonably dangerous and causes injury to the user or consumer.
Question 5: Under Montana law, the statute of limitations for a personal injury tort claim is generally:
- 1 year
- 2 years
- 3 years (Correct answer)
- 5 years
Correct answer: 3 years
MCA § 27-2-204 provides a 3-year statute of limitations for personal injury claims in Montana.
Question 6: In Montana, which of the following best describes the 'eggshell plaintiff' rule?
- A defendant is not liable for unforeseeable pre-existing conditions
- A defendant takes the plaintiff as found and is liable for full extent of harm even if pre-existing condition made plaintiff unusually vulnerable (Correct answer)
- Damages are reduced proportionally to plaintiff's pre-existing condition
- The rule applies only to intentional torts, not negligence
Correct 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
Montana applies the eggshell plaintiff rule: a tortfeasor takes the victim as found and is liable for the full extent of harm, even if a pre-existing condition made the harm far worse than expected.
MT Bar Torts 1
Montana has adopted which system for allocating fault among multiple tortfeasors?