ID Bar Torts

Question 1

Under the negligence standard, the duty of care owed to an invitee on Idaho premises is:

Accepted Answer

A duty to exercise reasonable care to inspect and make the premises safe

Answer

Under Idaho law, a landowner owes an invitee the highest duty — reasonable care to inspect the premises and make them safe or warn of known dangers.

Question 2

Idaho has adopted comparative fault. Under Idaho Code § 6-801, a plaintiff who is found more than 50% at fault:

Accepted Answer

Recovers nothing

Answer

Idaho follows modified comparative fault — a plaintiff is barred from recovery if their comparative fault is 50% or greater under Idaho Code § 6-801.

Question 3

In Idaho, which of the following is the standard for liability under strict products liability?

Accepted Answer

The product was unreasonably dangerous when it left the seller's control and caused the plaintiff's injury

Answer

Idaho follows the Restatement (Second) of Torts § 402A, imposing strict liability when a product is sold in a defective, unreasonably dangerous condition that causes injury.

Question 4

Which of the following elements is NOT required to prove intentional infliction of emotional distress (IIED) in Idaho?

Accepted Answer

Physical injury accompanying the emotional distress

Answer

Idaho recognizes IIED without requiring physical injury — extreme and outrageous conduct, intent or recklessness, and actual severe emotional distress are the elements.

Question 5

Under the tort of battery, which of the following is required for liability?

Accepted Answer

Intentional act causing harmful or offensive contact without consent

Answer

Battery requires an intentional act that causes harmful or offensive contact with another person without their consent; the intent need only be to make contact, not to cause harm.

ID Bar - Idaho Bar Exam Practice Test

ID Bar - Idaho Bar Exam Practice Test

ID Bar Torts