PA Bar Torts 2

Question 1

Under Pennsylvania defamation law, a private-figure plaintiff need only prove which standard of fault to recover?

Accepted Answer

Negligence

Answer

Following Gertz v. Robert Welch and Pennsylvania's adoption thereof, private-figure plaintiffs must prove at least negligence by the defendant to recover compensatory damages for defamation.

Question 2

Pennsylvania's 'discovery rule' tolls the statute of limitations in tort actions until the plaintiff:

Accepted Answer

Knows or should have known in the exercise of reasonable diligence that they have been harmed and that the harm was caused by another party's conduct

Answer

Pennsylvania's discovery rule delays accrual of the statute of limitations until the plaintiff knew or reasonably should have known of the injury and its causal relationship to the defendant's conduct.

Question 3

Under Pennsylvania law, a defendant in a negligence action may be held liable for the plaintiff's full damages even if only a minor contributing cause, under which doctrine?

Accepted Answer

Joint and several liability (abolished for most cases)

Answer

Pennsylvania partially retained joint and several liability: a defendant found more than 60% liable may be jointly and severally liable for the plaintiff's entire damages, while defendants less than 60% at fault pay only their proportionate share.

Question 4

Under Pennsylvania law, res ipsa loquitur allows a plaintiff to infer negligence when:

Accepted Answer

The accident is of a kind that ordinarily does not occur without negligence, the instrumentality was in the defendant's exclusive control, and the plaintiff did not contribute to the harm

Answer

Pennsylvania applies res ipsa loquitur when: (1) the accident does not ordinarily occur without negligence; (2) the instrumentality was in the defendant's exclusive control; and (3) the plaintiff did not contribute to the accident.

Question 5

Pennsylvania law imposes strict liability for abnormally dangerous activities under which standard?

Accepted Answer

The Restatement (Second) of Torts § 519-520 multi-factor test for abnormally dangerous activities

Answer

Pennsylvania adopts Restatement § 519-520, which imposes strict liability for abnormally dangerous activities by considering factors like the degree of risk, inappropriateness to the location, and the activity's inability to be made safe by reasonable care.

PA Bar - Pennsylvania Bar Exam Practice Test

PA Bar - Pennsylvania Bar Exam Practice Test

PA Bar Torts 2