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

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).

Question 2

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

Accepted Answer

Duty, breach, causation, damages

Answer

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

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

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

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

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.

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

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.

(VT Bar) Vermont Bar Exam Practice Test

(VT Bar) Vermont Bar Exam Practice Test

VT Bar VT Bar Torts