NY Bar Torts

Question 1

In New York, which standard of care applies when determining whether a defendant acted negligently?

Accepted Answer

The objective standard of a reasonably prudent person under similar circumstances

Answer

New York applies the objective reasonably prudent person standard in negligence cases, measuring conduct against what a reasonable person would have done under similar external circumstances.

Question 2

Under New York's pure comparative fault system, a plaintiff who is 70% at fault for their own injuries may recover:

Accepted Answer

30% of their total damages

Answer

New York follows pure comparative negligence, allowing plaintiffs to recover their proportionate share of damages regardless of their degree of fault—a 70% at-fault plaintiff recovers 30%.

Question 3

To establish a prima facie case for negligence, a plaintiff must prove all of the following EXCEPT:

Accepted Answer

Intentional conduct by the defendant

Answer

Negligence does not require intent; the elements are duty, breach, causation, and damages—intent is the hallmark of intentional torts, not negligence.

Question 4

The doctrine of res ipsa loquitur allows a plaintiff to establish negligence by showing:

Accepted Answer

The injury is the type that ordinarily does not occur without negligence, the instrumentality was in defendant's control, and plaintiff did not contribute

Answer

Res ipsa loquitur permits an inference of negligence when the type of harm does not ordinarily occur without negligence, the instrumentality was under the defendant's exclusive control, and plaintiff was not at fault.

Question 5

Under New York law, a landowner owes what duty of care to a trespasser on their property?

Accepted Answer

A duty not to willfully or wantonly injure a known trespasser

Answer

In New York, a landowner owes a trespasser only the duty to refrain from willful, wanton, or reckless conduct that injures them, though greater duties may apply to child trespassers under the attractive nuisance doctrine.

NY Bar - New York Bar Exam Practice Test

NY Bar - New York Bar Exam Practice Test

NY Bar Torts