NJ Bar Torts 2 — Questions and Answers
Question 1: The 'but for' test for actual causation is sometimes replaced with the substantial factor test; when is the substantial factor test most appropriate?
- When only one cause exists
- When multiple independent causes each could have caused the harm alone (Correct answer)
- When the defendant is a public entity
- When the plaintiff is also negligent
Correct answer: When multiple independent causes each could have caused the harm alone
When multiple causes each independently could have caused the harm, courts apply the substantial factor test to determine actual causation.
Question 2: Public figures who sue for defamation must prove the defendant acted with which heightened state of mind established in New York Times v. Sullivan?
- Negligence
- Recklessness
- Actual malice — knowledge of falsity or reckless disregard for truth (Correct answer)
- Intentional misrepresentation
Correct answer: Actual malice — knowledge of falsity or reckless disregard for truth
Under New York Times v. Sullivan, public figures must prove actual malice — that the defendant knew the statement was false or acted with reckless disregard for its truth.
Question 3: Under NJ's Products Liability Act, a manufacturer may raise which defense related to the state of knowledge at the time of manufacture?
- Contributory negligence
- State-of-the-art defense that the danger was unknowable at the time (Correct answer)
- Assumption of risk for sophisticated users
- Regulatory compliance as an absolute bar
Correct answer: State-of-the-art defense that the danger was unknowable at the time
NJ's Products Liability Act allows manufacturers to argue that the danger was not reasonably knowable given the state of scientific knowledge at manufacture.
Question 4: Battery requires harmful or offensive contact with the plaintiff's person, which must have been caused by the defendant's what?
- Negligence
- Intent to cause the contact or apprehension thereof (Correct answer)
- Strict liability
- Recklessness only
Correct answer: Intent to cause the contact or apprehension thereof
Battery is an intentional tort requiring that the defendant intended to cause the harmful or offensive contact that resulted.
Question 5: Under nuisance law, a private nuisance claim requires that the interference with the plaintiff's use and enjoyment of land be what?
- Temporary
- Substantial and unreasonable (Correct answer)
- Intentional only
- Caused by loud noise specifically
Correct answer: Substantial and unreasonable
A private nuisance requires a substantial and unreasonable interference with the plaintiff's use and enjoyment of their land.
Question 6: Assumption of risk as a defense requires the plaintiff to have had which two elements with respect to the known risk?
- Knowledge of the risk and voluntary acceptance of it (Correct answer)
- Contributory negligence and a waiver
- Comparative fault and consent
- Notice and failure to mitigate
Correct answer: Knowledge of the risk and voluntary acceptance of it
Assumption of risk requires that the plaintiff subjectively knew of the specific risk and voluntarily chose to encounter it.
NJ Bar Torts 2
The 'but for' test for actual causation is sometimes replaced with the substantial factor test; when is the substantial factor test most appropriate?