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VT Bar Torts Flashcards

6 cards from real VT BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

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  1. In Vermont, which comparative fault system is used to apportion damages in negligence cases?

    Answer: Modified comparative fault (50% bar rule)

    Vermont follows a modified comparative fault system under which a plaintiff is barred from recovery if their fault is 51% or more (the 50% bar rule — plaintiff recovers if less than 51% at fault).

  2. To establish a prima facie case of negligence, a plaintiff must prove which four elements?

    Answer: Duty, breach, causation, damages

    A negligence claim requires proof of duty, breach of that duty, causation (actual and proximate), and damages.

  3. Under Vermont law, which standard of care applies to landowners with respect to trespassers?

    Answer: Willful or wanton conduct standard for undiscovered trespassers

    Vermont landowners generally owe trespassers only the duty to refrain from willful or wanton conduct, unless the trespasser is discovered or a child.

  4. Strict products liability under Restatement (Second) § 402A requires that the product be in a 'defective condition unreasonably dangerous' at the time it left the seller's control. Which party bears the burden of proof?

    Answer: The plaintiff

    Under strict products liability, the plaintiff bears the burden of proving that the product was in a defective condition unreasonably dangerous when it left the defendant's control.

  5. The doctrine of res ipsa loquitur allows an inference of negligence when which conditions are met?

    Answer: The accident ordinarily does not occur without negligence, the instrumentality was in defendant's control, and plaintiff did not contribute

    Res ipsa loquitur requires: the event does not ordinarily occur without negligence, the instrumentality was exclusively controlled by the defendant, and the plaintiff did not contribute to the injury.

  6. In Vermont, which test is applied to determine proximate causation?

    Answer: Both 'but for' and substantial factor tests depending on the circumstances

    Vermont courts apply the 'but for' test for single-cause cases and the substantial factor test when multiple causes contribute to the harm.

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  1. vtcourts.gov — Test delivery, exam dates, exam format, passing score, registration deadline, eligibility, late registration, retake policy, score validity, exam information · verified Oct 2026