OK Bar Torts and Negligence 3

Question 1

A defendant swings a bat at the plaintiff intending to scare him, but accidentally strikes him. The best claim is battery because:

Accepted Answer

Intent to cause apprehension transfers to satisfy the intent element of battery

Answer

Under transferred intent, intent to commit assault satisfies the intent requirement for a resulting battery.

Question 2

In Oklahoma, a plaintiff suing for negligent infliction of emotional distress as a direct victim generally must show:

Accepted Answer

Physical injury or that emotional harm produced physical consequences

Answer

Oklahoma generally requires that negligently inflicted emotional distress be connected to physical injury or manifestation.

Question 3

A social guest injured by a hidden hazard in an Oklahoma home is traditionally classified as a licensee, meaning the host owes a duty to:

Accepted Answer

Warn of known hidden dangers the guest is unlikely to discover

Answer

A landowner must warn licensees of known concealed dangers but need not inspect for unknown ones.

Question 4

Res ipsa loquitur permits an inference of negligence when:

Accepted Answer

The event ordinarily does not occur without negligence and the instrumentality was in the defendant's exclusive control

Answer

Res ipsa loquitur allows the jury to infer negligence from the circumstances when direct evidence is unavailable.

Question 5

A manufacturer sells a lawnmower without a blade guard, and a user is injured. In a strict products liability action, the plaintiff must prove:

Accepted Answer

The product was defective and unreasonably dangerous when it left the defendant's control

Answer

Manufacturers' products liability in Oklahoma requires a defect existing at the time the product left the defendant's control that made it unreasonably dangerous.

(OK Bar) Oklahoma Bar Exam Practice Test

(OK Bar) Oklahoma Bar Exam Practice Test

OK Bar Torts and Negligence 3