ID Bar Torts 1 — Questions and Answers
Question 1: Under the negligence standard, the duty of care owed to an invitee on Idaho premises is:
- No duty at all
- A duty to warn of known hidden dangers only
- A duty to exercise reasonable care to inspect and make the premises safe (Correct answer)
- A duty only to avoid willful or wanton injury
Correct answer: A duty to exercise reasonable care to inspect and make the premises safe
Under Idaho law, a landowner owes an invitee the highest duty — reasonable care to inspect the premises and make them safe or warn of known dangers.
Question 2: Idaho has adopted comparative fault. Under Idaho Code § 6-801, a plaintiff who is found more than 50% at fault:
- Recovers nothing (Correct answer)
- Recovers a reduced share proportional to the defendant's fault
- Recovers full damages from the defendant
- Recovers only medical expenses
Correct answer: Recovers nothing
Idaho follows modified comparative fault — a plaintiff is barred from recovery if their comparative fault is 50% or greater under Idaho Code § 6-801.
Question 3: In Idaho, which of the following is the standard for liability under strict products liability?
- The manufacturer intentionally sold a dangerous product
- The product was unreasonably dangerous when it left the seller's control and caused the plaintiff's injury (Correct answer)
- The manufacturer was negligent in designing the product
- The plaintiff must prove the seller knew of the defect
Correct answer: The product was unreasonably dangerous when it left the seller's control and caused the plaintiff's injury
Idaho follows the Restatement (Second) of Torts § 402A, imposing strict liability when a product is sold in a defective, unreasonably dangerous condition that causes injury.
Question 4: Which of the following elements is NOT required to prove intentional infliction of emotional distress (IIED) in Idaho?
- Extreme and outrageous conduct
- Intent to cause or reckless disregard of causing severe emotional distress
- Physical injury accompanying the emotional distress (Correct answer)
- Severe emotional distress actually resulted
Correct answer: Physical injury accompanying the emotional distress
Idaho recognizes IIED without requiring physical injury — extreme and outrageous conduct, intent or recklessness, and actual severe emotional distress are the elements.
Question 5: Under the tort of battery, which of the following is required for liability?
- Harmful contact and intent to cause that harmful contact
- Intentional act causing harmful or offensive contact without consent (Correct answer)
- Physical injury and negligent conduct
- Contact accompanied by verbal threats
Correct answer: Intentional act causing harmful or offensive contact without consent
Battery requires an intentional act that causes harmful or offensive contact with another person without their consent; the intent need only be to make contact, not to cause harm.
Question 6: Under the doctrine of respondeat superior, an employer is vicariously liable for an employee's tort when:
- The employee commits any tort, regardless of circumstances
- The tort occurs within the scope of the employee's employment (Correct answer)
- The employee is an independent contractor
- The employer had prior notice of the employee's dangerous propensities
Correct answer: The tort occurs within the scope of the employee's employment
Respondeat superior holds employers vicariously liable for employee torts committed within the scope of employment — frolic and detour outside the scope breaks the chain.
ID Bar Torts 1
Under the negligence standard, the duty of care owed to an invitee on Idaho premises is: