VA Bar Torts and Negligence 5

Question 1

A delivery driver for ABC Company negligently runs a red light while delivering packages on his assigned route, injuring a pedestrian.
Which doctrine makes ABC Company liable for the driver's negligence?

Accepted Answer

Respondeat superior because the employee acted within the scope of employment

Answer

Strict liability for inherently dangerous delivery activities

Answer

Negligence per se imputed to the employer

Answer

Negligent entrustment based on providing the driver a vehicle

Question 2

Under Virginia's approach to negligent infliction of emotional distress (NIED) in a bystander scenario, what must a plaintiff typically show to recover?

Accepted Answer

That the plaintiff suffered a physical impact or was in the zone of danger and sustained physical injury from the distress

Answer

Only that the plaintiff witnessed a traumatic accident and suffered genuine distress as a result

Answer

That the defendant owed the plaintiff a specific contractual or assumed duty of emotional care

Answer

That the plaintiff's distress was diagnosed and confirmed by a licensed mental health professional

Question 3

A newspaper publishes a false article stating that a local teacher was convicted of theft, damaging her reputation in the community. Which defamation category applies, and what damages showing is typically required for liability?

Accepted Answer

Libel, which when defamatory on its face (libel per se) is actionable without proving special damages

Answer

Slander requiring proof of special damages because the statement was temporary

Answer

Libel per quod requiring proof of special damages in all cases regardless of content

Answer

Slander per se because oral statements are always categorized as slander

Question 4

A factory's lawful operations emit foul odors that substantially interfere with neighboring homeowners' use and enjoyment of their properties. The factory complies with all environmental permits. What tort theory do the neighbors most likely assert?

Accepted Answer

Private nuisance based on substantial and unreasonable interference with use and enjoyment of land

Answer

Public nuisance requiring the neighbors to show special injury distinct from the public

Answer

Trespass to land based on physical particles entering their property

Answer

Strict liability for the abnormally dangerous nature of the manufacturing process

Question 5

Under Virginia's Wrongful Death Act (Va. Code § 8.01-50), who has the legal standing to bring a wrongful death action?

Accepted Answer

The personal representative of the deceased's estate, for the benefit of statutory beneficiaries

Answer

Any heir of the deceased with a financial interest in the estate

Answer

The surviving spouse acting directly in her own name without involving the estate

Answer

All of the deceased's statutory dependents acting jointly as co-plaintiffs

Question 6

A thief takes a neighbor's bicycle for a two-hour joyride and returns it undamaged. The neighbor sues. Which intentional tort most accurately describes the thief's conduct?

Accepted Answer

Trespass to chattels, because the interference was temporary and caused no damage to the property

Answer

Conversion, because any unauthorized use of another's property constitutes conversion

Answer

Larceny, which is a crime but not a civil tort in Virginia

Answer

Private nuisance because the use deprived the owner of access to his property

Question 7

A Virginia landowner posts 'No Trespassing' signs on her property. A neighbor briefly crosses onto the property to retrieve a stray dog, causing no property damage. The landowner sues for trespass to land. What is the correct outcome?

Accepted Answer

The landowner may recover at least nominal damages because trespass to land is actionable without proof of actual harm

Answer

No claim exists because trespass to land requires proof of actual physical damage to the land

Answer

The claim fails because the neighbor had a necessity privilege to retrieve the dog

Answer

The claim depends entirely on whether the neighbor actually saw and understood the posted signs