WV Bar Torts 2

Question 1

In West Virginia, a landowner owes the highest duty of care to:

Accepted Answer

Invitees

Answer

Invitees — those invited onto land for a business purpose or who are members of the public on land held open to the public — are owed the highest duty of reasonable care by landowners.

Question 2

The tort of intentional infliction of emotional distress requires conduct that is:

Accepted Answer

Extreme and outrageous

Answer

IIED requires extreme and outrageous conduct that intentionally or recklessly causes severe emotional distress — mere insults or rudeness are insufficient.

Question 3

Under West Virginia's joint and several liability rules after tort reform, joint and several liability applies only when a defendant is:

Accepted Answer

30% or more at fault

Answer

Under WV Code § 55-7-24, defendants who are 30% or more at fault remain jointly and severally liable for the plaintiff's total damages.

Question 4

A successful defamation claim in West Virginia requires the plaintiff to prove the statement was:

Accepted Answer

False and defamatory

Answer

Defamation requires proof of a false and defamatory statement of fact communicated to a third party that damages the plaintiff's reputation.

Question 5

The 'eggshell skull' rule in West Virginia tort law provides that a defendant:

Accepted Answer

Takes the plaintiff as found, even if the plaintiff's injuries are unusually severe due to a pre-existing condition

Answer

The eggshell skull rule holds defendants fully liable for all harm caused to a plaintiff even if the plaintiff's unusual sensitivity or pre-existing condition made the injuries far worse than expected.

WV Bar - West Virginia Bar Exam Practice Test

WV Bar - West Virginia Bar Exam Practice Test

WV Bar Torts 2