SC Bar State-Specific Law 3

Question 1

Following South Carolina's 2005 tort reform, a defendant found less than 50 percent at fault in a multi-defendant negligence case is generally liable for:

Accepted Answer

Only its proportionate share of the damages

Answer

S.C. Code § 15-38-15 limits a defendant less than 50 percent at fault to several liability for its apportioned share, with exceptions such as intentional conduct and alcohol-related torts.

Question 2

Under the South Carolina Tort Claims Act, the general per-person cap on damages recoverable from a governmental entity for a single occurrence is:

Accepted Answer

$300,000

Answer

S.C. Code § 15-78-120 caps recovery at $300,000 per person and $600,000 per occurrence, and bars punitive damages against governmental entities.

Question 3

In South Carolina, punitive damages are generally capped at:

Accepted Answer

The greater of $500,000 or three times compensatory damages

Answer

S.C. Code § 15-32-530 caps punitive damages at the greater of $500,000 or three times compensatory damages, subject to enumerated exceptions.

Question 4

In Davenport v. Cotton Hope Plantation, the South Carolina Supreme Court held that implied assumption of risk:

Accepted Answer

Is no longer a complete bar and is subsumed into comparative fault

Answer

Davenport folded implied assumption of risk into South Carolina's comparative negligence framework, so it reduces rather than bars recovery unless the plaintiff's fault exceeds the defendant's.

Question 5

A wrongful death action in South Carolina must be brought by:

Accepted Answer

The executor or administrator of the decedent's estate for the statutory beneficiaries

Answer

Under S.C. Code § 15-51-20, the personal representative brings the wrongful death action for the benefit of the statutory beneficiaries.

(SC Bar) South Carolina Bar Exam Practice Test

(SC Bar) South Carolina Bar Exam Practice Test

SC Bar State-Specific Law 3