AR Bar Torts 3

Question 1

Strict liability for abnormally dangerous activities is imposed regardless of:

Accepted Answer

The degree of care exercised by the defendant

Answer

Whether actual harm occurred to the plaintiff

Answer

The plaintiff's status as invitee, licensee, or trespasser

Answer

Whether the activity violated a statute

Question 2

Under products liability, which theory allows a plaintiff to recover without proving the manufacturer was negligent?

Accepted Answer

Strict liability in tort under Restatement Second §402A

Answer

Negligence per se based on regulatory violations

Answer

Breach of express written warranty only

Answer

Respondeat superior for employee manufacturing errors

Question 3

A manufacturing defect in a products liability case is best described as:

Accepted Answer

A specific product unit that deviates from the manufacturer's intended design

Answer

A product line whose overall design is inherently unsafe

Answer

Failure to provide adequate warnings about known product dangers

Answer

Evidence that the plaintiff misused the product

Question 4

Under New York Times v. Sullivan, a public figure suing for defamation must prove:

Accepted Answer

Actual malice—knowledge of falsity or reckless disregard for truth

Answer

The defendant was negligent in publishing the false statement

Answer

Special damages resulting from the publication

Answer

Publication of the false statement to more than one third party

Question 5

Which of the following is a complete defense to a defamation claim?

Accepted Answer

All of the above are complete defenses

Answer

Truth of the statement

Answer

Absolute privilege in certain proceedings

Answer

Opinion based on disclosed facts

Question 6

Which of the following is one of the four recognized categories of invasion of privacy?

Accepted Answer

Appropriation of the plaintiff's name or likeness for commercial gain

Answer

Intentional infliction of severe emotional distress

Answer

Trespass to the plaintiff's personal property

Answer

Public disclosure of accurate information from public records

Question 7

Under Arkansas products liability law, which of the following is a recognized defense that may reduce or bar the plaintiff's recovery?

Accepted Answer

The plaintiff's comparative fault in misusing a product in a known dangerous way

Answer

The manufacturer exercised all possible care in production

Answer

The product conformed to the industry standard at the time of manufacture

Answer

The defendant did not know the product was defective