Bar Exam Torts 2

Question 1

Under the Restatement (Second) of Torts § 402A, which of the following is a required element for strict products liability?

Accepted Answer

The product was in a defective condition unreasonably dangerous when it left the seller's control

Answer

Strict products liability under § 402A requires: (1) a seller engaged in the business of selling the product; (2) the product was in a defective condition unreasonably dangerous to the user; (3) the defect existed when it left the defendant's control; (4) the defect caused the plaintiff's physical harm. Negligence is not required.

Question 2

A defendant punches a plaintiff believing the plaintiff was someone else who had insulted him. Which element of battery is satisfied?

Accepted Answer

The defendant intended to make harmful contact with someone, and transferred intent applies to battery

Answer

The doctrine of transferred intent applies to battery. If a defendant intends to commit a tort against one person but actually commits it against another, the intent transfers to the actual victim. A defendant who intends to punch A but hits B is liable to B for battery — the intent to strike 'transfers' to the actual contact.

Question 3

Which defense to defamation provides absolute immunity for a legislator's statements made in the course of the legislative process?

Accepted Answer

The absolute privilege for government proceedings

Answer

Absolute privilege provides complete immunity from defamation liability regardless of the defendant's knowledge or malice. It applies to: statements by legislators in the course of legislative proceedings (under the Speech or Debate Clause), judicial proceedings (by judges, witnesses, attorneys), executive officers in the discharge of official duties, and spouses communicating with each other.

Question 4

A plaintiff suing for intentional infliction of emotional distress (IIED) must prove what level of conduct by the defendant?

Accepted Answer

Extreme and outrageous conduct exceeding all bounds of decency tolerated in a civilized society

Answer

IIED under Restatement (Second) § 46 requires: (1) extreme and outrageous conduct — beyond all possible bounds of decency, atrocious, and utterly intolerable in a civilized community; (2) intentional or reckless infliction; (3) causing severe emotional distress. The high threshold excludes mere insults, petty slights, and ordinary rudeness.

Question 5

Which of the following would most likely constitute a nuisance that is actionable as a private nuisance?

Accepted Answer

A neighbor who operates a late-night car repair shop causing noise and odors that substantially interfere with the plaintiff's sleep and enjoyment of their home

Answer

Private nuisance requires: (1) substantial interference with (2) the plaintiff's use and enjoyment of their land, caused by the defendant's intentional, negligent, or abnormally dangerous conduct. Chronic noise and odors from a nearby business that substantially interfere with sleep and home enjoyment meet this standard.

Bar Exam Practice Test

Bar Exam Practice Test

Bar Exam Torts 2