NJ Bar Torts 1 — Questions and Answers
Question 1: To establish a prima facie case of negligence, a plaintiff must prove duty, breach, causation, and which fourth element?
- Intent
- Damages (Correct answer)
- Foreseeability only
- Willfulness
Correct answer: Damages
The four elements of negligence are duty, breach, causation (actual and proximate), and damages — all must be proven to succeed.
Question 2: New Jersey follows which system for apportioning fault among multiple defendants in tort cases?
- Pure contributory negligence
- Pure comparative fault
- Modified comparative fault with a 51% bar (Correct answer)
- Joint and several liability without apportionment
Correct answer: Modified comparative fault with a 51% bar
NJ uses the modified comparative fault system: a plaintiff may recover only if their fault is 50% or less, with damages reduced by their percentage of fault.
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?
- A prior similar accident occurred
- The instrumentality causing harm was in the defendant's exclusive control (Correct answer)
- The defendant had notice of the defect
- Expert testimony is offered
Correct answer: The instrumentality causing harm was in the defendant's exclusive control
Res ipsa requires that the accident-causing instrumentality was within the defendant's exclusive control, supporting an inference of their negligence.
Question 4: A landowner in New Jersey owes which standard of care to an invitee on their property?
- No duty
- Reasonable care to inspect and warn of known dangers (Correct answer)
- Strict liability
- Duty to warn of obvious dangers only
Correct answer: Reasonable care to inspect and warn of known dangers
New Jersey imposes on landowners a duty of reasonable care, including reasonable inspection and warning of non-obvious dangerous conditions, toward invitees.
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?
- Intentionally created
- Unreasonably dangerous to users or consumers (Correct answer)
- Obvious to the user
- Violative of a warranty
Correct answer: Unreasonably dangerous to users or consumers
Strict products liability under 402A requires that the product be defective and unreasonably dangerous when it leaves the seller's hands.
Question 6: Intentional infliction of emotional distress requires the defendant's conduct to have been what level of extreme?
- Negligent
- Outrageous — beyond all possible bounds of decency tolerated by civilized society (Correct answer)
- Merely offensive
- Fraudulent
Correct answer: Outrageous — beyond all possible bounds of decency tolerated by civilized society
IIED requires conduct so outrageous and extreme that it exceeds all bounds tolerated by a civilized society, causing severe emotional distress.
NJ Bar Torts 1
To establish a prima facie case of negligence, a plaintiff must prove duty, breach, causation, and which fourth element?