NJ Bar Torts

Question 1

To establish a prima facie case of negligence, a plaintiff must prove duty, breach, causation, and which fourth element?

Accepted Answer

Damages

Answer

Intent

Answer

Foreseeability only

Answer

Willfulness

Question 2

New Jersey follows which system for apportioning fault among multiple defendants in tort cases?

Accepted Answer

Modified comparative fault with a 51% bar

Answer

Pure contributory negligence

Answer

Pure comparative fault

Answer

Joint and several liability without apportionment

Question 3

Under the doctrine of res ipsa loquitur, a plaintiff can establish a breach inference when the accident ordinarily does not occur without negligence and what other condition is met?

Accepted Answer

The instrumentality causing harm was in the defendant's exclusive control

Answer

A prior similar accident occurred

Answer

The defendant had notice of the defect

Answer

Expert testimony is offered

Question 4

A landowner in New Jersey owes which standard of care to an invitee on their property?

Accepted Answer

Reasonable care to inspect and warn of known dangers

Answer

No duty

Answer

Strict liability

Answer

Duty to warn of obvious dangers only

Question 5

In a products liability case, strict liability under Restatement Second 402A requires the product to have been in a defective condition that was what?

Accepted Answer

Unreasonably dangerous to users or consumers

Answer

Intentionally created

Answer

Obvious to the user

Answer

Violative of a warranty

Question 6

Intentional infliction of emotional distress requires the defendant's conduct to have been what level of extreme?

Accepted Answer

Outrageous — beyond all possible bounds of decency tolerated by civilized society

Answer

Negligent

Answer

Merely offensive

Answer

Fraudulent