Bar Exam Torts 2

Question 1

Under the Restatement (Second) of Torts § 402A, which of the following is a required element for strict products liability?

Accepted Answer

The product was in a defective condition unreasonably dangerous when it left the seller's control

Answer

The defendant was negligent in the design, manufacture, or sale of the product

Answer

The plaintiff assumed the risk of the product's known dangers

Answer

The defendant was a retailer who purchased the product from the manufacturer

Question 2

A defendant punches a plaintiff believing the plaintiff was someone else who had insulted him. Which element of battery is satisfied?

Accepted Answer

The defendant intended to make harmful contact with someone, and transferred intent applies to battery

Answer

The defendant must have intended to cause harmful contact with this specific plaintiff

Answer

Battery requires specific intent to harm — mistake defeats the intent element

Answer

The plaintiff assumed the risk of being punched by being in a bar

Question 3

Which defense to defamation provides absolute immunity for a legislator's statements made in the course of the legislative process?

Accepted Answer

The absolute privilege for government proceedings

Answer

The fair comment privilege

Answer

The qualified privilege for statements of public interest

Answer

The constitutional privilege under New York Times v. Sullivan

Question 4

A plaintiff suing for intentional infliction of emotional distress (IIED) must prove what level of conduct by the defendant?

Accepted Answer

Extreme and outrageous conduct exceeding all bounds of decency tolerated in a civilized society

Answer

Ordinary negligence causing emotional distress

Answer

Reckless or negligent conduct that a reasonable person would find upsetting

Answer

Any intentional act that causes the plaintiff to experience fear or anxiety

Question 5

Which of the following would most likely constitute a nuisance that is actionable as a private nuisance?

Accepted Answer

A neighbor who operates a late-night car repair shop causing noise and odors that substantially interfere with the plaintiff's sleep and enjoyment of their home

Answer

A neighbor who builds a fence that blocks the plaintiff's view of a park

Answer

A city that installs a bus stop in front of the plaintiff's house

Answer

A neighbor who parks an ugly car in their own driveway, which the plaintiff finds offensive

Question 6

Under the doctrine of respondeat superior, an employer is vicariously liable for an employee's tort when the tort was committed:

Accepted Answer

Within the scope of employment, meaning the act was the kind authorized, occurred within the authorized time and space, and was motivated at least in part by serving the employer

Answer

At any time the employee has access to the employer's equipment or vehicles

Answer

Only when the employer knew about the employee's dangerous propensities

Answer

Only when the employer specifically directed the employee to commit the tortious act