WA Bar Washington Torts 3

Question 1

In a Washington trespass to land claim, which statement regarding the required intent is correct?

Accepted Answer

The defendant must have intentionally entered the land or caused something to enter, even if they believed they had permission

Answer

Trespass to land requires only the intent to enter the land (or cause an entry), not an intent to trespass wrongfully; a good-faith but mistaken belief in permission is not a defense.

Question 2

Washington recognizes strict liability for which of the following?

Accepted Answer

Engaging in abnormally dangerous activities

Answer

Washington applies strict liability under the Restatement approach for abnormally dangerous activities that pose serious risks not capable of being eliminated through the exercise of reasonable care.

Question 3

Washington has abolished which of the following common law tort immunities?

Accepted Answer

Charitable immunity from tort liability

Answer

Washington has abolished charitable immunity, allowing tort claims against charitable organizations for their negligent and wrongful conduct.

Question 4

Under Washington's negligence per se doctrine, for a statutory violation to establish the standard of care, the plaintiff must demonstrate:

Accepted Answer

The plaintiff is within the class of persons the statute was designed to protect and the harm suffered is of the type the statute was designed to prevent

Answer

Washington's negligence per se doctrine applies when the plaintiff falls within the protected class and suffered the type of harm the statute aimed to prevent; the violation then sets the standard of care.

Question 5

Under Washington's 'rescue doctrine,' a negligent defendant who endangers a primary victim is liable to a rescuer injured during the rescue because:

Accepted Answer

The defendant's negligence is the proximate cause of injuries sustained by a reasonable rescuer because rescue is a foreseeable response to created peril

Answer

The rescue doctrine holds that a defendant whose negligence created the peril is the proximate cause of a rescuer's injuries because it is reasonably foreseeable that someone will attempt a rescue.

WA Bar - Washington Bar Exam Practice Test

WA Bar - Washington Bar Exam Practice Test

WA Bar Washington Torts 3