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

Under respondeat superior, an employer is vicariously liable for the tortious acts of an employee committed within the scope of employment.

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

Virginia traditionally requires either a physical impact on the plaintiff or that the plaintiff was in the zone of danger and subsequently suffered a physical injury as a result of the emotional distress.

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

Libel involves written or printed defamatory statements; a false criminal accusation in print is libel per se, actionable without proof of special damages.

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

Private nuisance protects individual landowners from substantial and unreasonable interference with their use and enjoyment of property, even if the defendant's activity is lawful and permitted.

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

Virginia's Wrongful Death Act requires the action to be brought by the personal representative of the deceased's estate, for the benefit of designated statutory beneficiaries such as surviving spouses and children.

(VA Bar) Virginia Bar Exam Practice Test

(VA Bar) Virginia Bar Exam Practice Test

VA Bar Torts and Negligence 5