VT Bar VT Bar Torts 2

Question 1

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

Accepted Answer

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

Answer

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

Question 2

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

Accepted Answer

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

Answer

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.

Question 3

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

Accepted Answer

3 years

Answer

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

Question 4

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

Accepted Answer

Consent

Answer

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

Question 5

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

Accepted Answer

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

Answer

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.

(VT Bar) Vermont Bar Exam Practice Test

(VT Bar) Vermont Bar Exam Practice Test

VT Bar VT Bar Torts 2