NYLE Torts & Tort Damages 2

Question 1

Under New York law, which doctrine allows a plaintiff to recover even if they were partially at fault for their own injuries?

Accepted Answer

Pure comparative fault

Answer

New York follows pure comparative fault under CPLR Article 14-A, allowing recovery reduced by the plaintiff's percentage of fault regardless of how large that percentage is.

Question 2

A store owner knows a customer has slipped on a wet floor but does nothing for 30 minutes. Under New York premises liability law, this scenario most directly establishes:

Accepted Answer

Actual notice

Answer

Actual notice exists when the defendant had direct knowledge of the dangerous condition, as demonstrated by the owner's awareness here.

Question 3

In New York, the tort of intentional infliction of emotional distress requires that the defendant's conduct be:

Accepted Answer

Extreme and outrageous

Answer

IIED in New York requires conduct so extreme and outrageous that it exceeds all bounds of decency tolerated by civilized society.

Question 4

Under New York's dram shop liability (General Obligations Law § 11-101), who may be held liable for injuries caused by an intoxicated person?

Accepted Answer

Any person who unlawfully sells or assists in procuring alcohol for a visibly intoxicated person

Answer

NY GOL § 11-101 imposes liability on anyone who unlawfully sells or assists in procuring alcohol for a visibly intoxicated person who then causes injury.

Question 5

A plaintiff sues for battery after being struck by a defendant. The defendant claims consent. Which of the following would negate the consent defense?

Accepted Answer

The plaintiff consented under fraudulent misrepresentation of the nature of the act

Answer

Consent obtained through fraud about the essential nature of the act is invalid, making the defense unavailable.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE Torts & Tort Damages 2