VT Bar VT Bar Torts

Question 1

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

Accepted Answer

Modified comparative fault (50% bar rule)

Answer

Pure contributory negligence

Answer

Pure comparative fault

Answer

Modified comparative fault (51% bar rule)

Question 2

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

Accepted Answer

Duty, breach, causation, damages

Answer

Intent, causation, damages, breach

Answer

Foreseeability, intent, harm, duty

Answer

Negligence per se, breach, harm, intent

Question 3

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

Accepted Answer

Willful or wanton conduct standard for undiscovered trespassers

Answer

Reasonable care under all circumstances

Answer

Strict liability

Answer

Ordinary negligence for all trespassers

Question 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?

Accepted Answer

The plaintiff

Answer

The defendant manufacturer

Answer

The distributor

Answer

The retailer

Question 5

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

Accepted Answer

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

Answer

The defendant admits fault and the injury is severe

Answer

The plaintiff proves the defendant was intoxicated

Answer

The injury was foreseeable and the defendant had a duty of care

Question 6

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

Accepted Answer

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

Answer

The 'but for' test exclusively

Answer

The substantial factor test exclusively

Answer

The directness test from Polemis