Multistate Bar Exam Torts 2

Question 1

A driver runs a red light and strikes a pedestrian who had jaywalked into the intersection. The pedestrian sues for negligence. The jurisdiction follows pure comparative fault. The jury finds the driver 70% at fault and the pedestrian 30% at fault. The pedestrian's total damages are $100,000. How much can the pedestrian recover?

Accepted Answer

$70,000

Answer

Under pure comparative fault, a plaintiff recovers damages reduced by their own percentage of fault, so $100,000 × 70% = $70,000.

Question 2

A homeowner hires an independent contractor to repair her roof. The contractor negligently drops a tool that injures a passerby on the public sidewalk. Which of the following is most accurate regarding the homeowner's liability?

Accepted Answer

The homeowner may be liable if the work was inherently dangerous.

Answer

An employer is generally not liable for an independent contractor's negligence, but an exception exists for inherently dangerous activities.

Question 3

A defendant intentionally shoves a plaintiff, causing the plaintiff to fall and break her wrist. The defendant claims he only meant to scare the plaintiff, not injure her. Under the doctrine of transferred intent, which result is most likely?

Accepted Answer

Battery because intent to commit assault transfers to battery.

Answer

Under transferred intent, intent to commit one intentional tort (assault) transfers to the resulting tort (battery), making the defendant liable for battery.

Question 4

A chemical plant lawfully stores large quantities of chlorine gas for industrial use. An earthquake causes a tank rupture, releasing gas that injures nearby residents. No negligence by the plant is proven. Which theory best supports the residents' claims?

Accepted Answer

Strict liability for abnormally dangerous activities

Answer

Storing large quantities of toxic gas is an abnormally dangerous activity, imposing strict liability regardless of negligence.

Question 5

A dog owner knows her dog has previously bitten a neighbor's child. The dog escapes and bites a mail carrier. Which statement best describes the owner's liability?

Accepted Answer

The owner is strictly liable because she had prior knowledge of the dog's vicious propensity.

Answer

Under the 'one bite rule,' once an owner has knowledge of the animal's dangerous propensity, strict liability attaches for subsequent injuries.

Multistate Bar Exam Practice Test

Multistate Bar Exam Practice Test

Multistate Bar Exam Torts 2