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

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?

Accepted Answer

The conduct of a reasonable person under the circumstances

Answer

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?

Accepted Answer

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

Answer

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:

Accepted Answer

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

Answer

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:

Accepted Answer

3 years

Answer

MCA § 27-2-204 provides a 3-year statute of limitations for personal injury claims in Montana.

MT Bar - Montana Bar Exam Practice Test

MT Bar - Montana Bar Exam Practice Test

MT Bar Torts