Torts Flashcards
7 cards from real Multistate Bar Exam practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Torts flashcards as text
A plaintiff sues a contractor for negligence after a building collapses injuring her. The contractor argues the building was completed and accepted by the owner 10 years earlier. Under the traditional completed and accepted work doctrine, what is the likely result?
Answer: The contractor's liability ends once the owner accepts the work.
Under the traditional rule, a contractor is absolved of third-party liability once the owner accepts the completed work, as acceptance shifts liability to the owner.
A defendant publishes an editorial falsely accusing a county sheriff of accepting bribes. The sheriff sues for defamation. Which fault standard applies?
Answer: Actual malice, because the sheriff is a public official
Under New York Times v. Sullivan, public officials must prove actual malice—knowledge of falsity or reckless disregard for the truth—in defamation cases.
A defendant, intending to frighten a plaintiff, fires a gun near her ear. The plaintiff does not see or hear the gun but suffers a heart attack from the noise. Has assault been committed?
Answer: No, because the plaintiff did not have apprehension of imminent harmful contact.
Assault requires that the plaintiff have apprehension of imminent harmful or offensive contact; if the plaintiff was unaware of the threatening act, no assault occurred.
A grocery chain faces a products liability suit after a customer is injured by a defective can opener sold under the store's private label but manufactured by a third party. Is the grocery chain strictly liable?
Answer: Yes, because commercial sellers in the chain of distribution face strict liability.
Under strict products liability, all commercial sellers in the distribution chain—including retailers—may be held strictly liable for defective products.
A defendant is charged with conversion after taking the plaintiff's rare coin collection and selling it. The plaintiff seeks damages. What is the proper measure of damages for conversion?
Answer: Fair market value of the chattel at the time of conversion
Conversion damages equal the fair market value of the chattel at the time of conversion, effectively forcing a judicial sale.
A plaintiff suffers injuries in a car accident and, during treatment, receives negligent medical care that worsens her condition. The original negligent driver argues he should not be liable for the additional harm caused by the doctor's malpractice. Which result is most accurate?
Answer: The driver is liable for the aggravation because negligent medical treatment is a foreseeable consequence of causing injury.
Negligent medical treatment received for accident injuries is a foreseeable consequence, making the original tortfeasor liable for the full extent of harm including medical aggravation.
A defendant operates a construction crane adjacent to a public street. A cable snaps due to inadequate maintenance, injuring a pedestrian. A city ordinance required monthly cable inspections. The defendant had not inspected in three months. How does the ordinance affect the negligence analysis?
Answer: Violation of the ordinance constitutes negligence per se if the plaintiff is in the protected class and the harm is of the type the statute was designed to prevent.
Negligence per se applies when a defendant violates a safety statute designed to protect the class of persons and prevent the type of harm that occurred.