VT Bar Torts Flashcards

Which element distinguishes intentional infliction of emotional distress (IIED) from negligent infliction of emotional distress (NIED)?

Answer: Whether the conduct was extreme and outrageous with intent or recklessness vs. negligent conduct

IIED requires extreme and outrageous conduct done intentionally or recklessly, while NIED is based on negligent conduct causing emotional harm.

A private nuisance claim requires the plaintiff to show which type of interference with the use and enjoyment of land?

Answer: Intentional, negligent, or abnormally dangerous interference that is substantial and unreasonable

Private nuisance requires a substantial and unreasonable interference with the plaintiff's use and enjoyment of land, which may arise from intentional, negligent, or abnormally dangerous activity.

Under Vermont law, the statute of limitations for most personal injury tort claims is how many years?

Answer: 3 years

Vermont's general statute of limitations for personal injury claims is three years from the date of injury or discovery.

Which defense to an intentional tort claim is based on a plaintiff's voluntary agreement to accept a known risk?

Answer: Consent

Consent is a complete defense to intentional torts when the plaintiff voluntarily agreed to the contact or interference.

Under the 'eggshell plaintiff' rule, a defendant is liable for what extent of harm to an unusually vulnerable plaintiff?

Answer: The full extent of harm, even if unforeseeable due to the plaintiff's vulnerability

The eggshell plaintiff rule holds that a defendant takes the plaintiff as they find them and is liable for the full extent of injury, even if unforeseeable.

Which Vermont statute provides immunity to landowners who open their land for recreational use without charge?

Answer: Vermont Recreational Use Statute (12 V.S.A. § 5791)

Vermont's Recreational Use Statute, 12 V.S.A. § 5791, limits the liability of landowners who permit recreational use of their land without charge.