Multistate Bar Exam Torts 3

Question 1

A newspaper publishes a false story stating that a local businesswoman embezzled funds. The businesswoman is not a public figure. To recover for defamation, which standard of fault must she prove?

Accepted Answer

Negligence

Answer

Under Gertz v. Robert Welch, private figures need only prove negligence to recover for defamation, not actual malice.

Question 2

A landlord fails to repair a broken stair railing despite multiple tenant complaints. A guest of a tenant falls and is injured. The jurisdiction follows the modern trend regarding landlord liability. Which result is most likely?

Accepted Answer

The landlord is liable for failure to maintain common areas in reasonably safe condition.

Answer

Under the modern trend, landlords owe a duty of reasonable care to maintain common areas, extending protection to tenant guests.

Question 3

A defendant publishes truthful but highly private facts about a plaintiff's past drug addiction on a public website. The plaintiff sues for invasion of privacy. Which tort theory is most applicable?

Accepted Answer

Public disclosure of private facts

Answer

Public disclosure of private facts involves publishing true but private information that a reasonable person would find highly offensive.

Question 4

A manufacturer produces a painkiller that causes liver damage when taken as directed. No manufacturing defect exists; the drug is made exactly as designed. Plaintiffs sue under products liability. Which theory is most applicable?

Accepted Answer

Design defect

Answer

When a product is made as designed but the design itself causes harm, the appropriate theory is design defect.

Question 5

A plaintiff asserts intentional infliction of emotional distress (IIED) against a debt collector who called her daily for six months using profanity and threats. Which element is most likely satisfied here?

Accepted Answer

Extreme and outrageous conduct

Answer

Persistent, abusive harassment by a creditor can constitute extreme and outrageous conduct sufficient for IIED.

Multistate Bar Exam Practice Test

Multistate Bar Exam Practice Test

Multistate Bar Exam Torts 3