OR Bar Torts and Negligence 2

Question 1

Under Oregon law, which standard of care applies to a defendant who holds themselves out as having special expertise in a particular field?

Accepted Answer

The standard of a reasonably competent specialist in that field

Answer

A professional or specialist is held to the standard of a reasonably competent member of that profession or specialty.

Question 2

A landowner in Oregon knows that neighborhood children regularly trespass to use an old abandoned swimming pool on the property. The landowner takes no steps to fence or drain the pool. A child drowns. Under the attractive nuisance doctrine, the landowner is MOST LIKELY:

Accepted Answer

Liable because the conditions for attractive nuisance are met

Answer

The attractive nuisance doctrine imposes liability on landowners who fail to protect child trespassers from artificial conditions posing unreasonable risk when the cost of protection is slight relative to the risk.

Question 3

In a negligence case, the plaintiff must prove that the defendant's breach was the 'cause-in-fact' of the injury. Which test is primarily used in Oregon for this element?

Accepted Answer

The 'but-for' test, with the substantial factor test applied when multiple sufficient causes exist

Answer

Oregon applies the 'but-for' test as the primary cause-in-fact standard, reserving the substantial factor test for cases involving concurrent sufficient causes.

Question 4

Under Oregon's comparative fault system, a plaintiff who is found 51% at fault for their own injuries:

Accepted Answer

Recovers nothing because they are more than 50% at fault

Answer

Oregon follows a modified comparative fault system barring recovery when the plaintiff's fault equals or exceeds 51% (ORS 31.600).

Question 5

Which of the following best describes the 'eggshell skull' (thin skull) rule in Oregon tort law?

Accepted Answer

A defendant takes the plaintiff as they find them and is liable for the full extent of harm even if unforeseeable

Answer

The eggshell skull rule holds that a tortfeasor is liable for the full extent of a plaintiff's injuries even if the plaintiff is unusually susceptible and the extent of harm was unforeseeable.

(OR Bar) Oregon Bar Exam Practice Test

(OR Bar) Oregon Bar Exam Practice Test

OR Bar Torts and Negligence 2