MO Bar Torts

Question 1

A plaintiff sues a defendant for negligence after slipping on a wet floor in a store. To establish a prima facie case, which element does the plaintiff NOT need to prove?

Accepted Answer

Defendant's intent to cause harm

Answer

Duty of care owed by defendant

Answer

Breach of that duty

Answer

Causation and damages

Question 2

Under the 'but-for' test of actual causation, a defendant's conduct is the cause-in-fact of plaintiff's injury when:

Accepted Answer

The injury would not have occurred but for the defendant's negligent conduct

Answer

The defendant acted unreasonably under the circumstances

Answer

The injury was a foreseeable result of the defendant's conduct

Answer

The defendant was the last person to act before the injury

Question 3

Which of the following best describes the doctrine of res ipsa loquitur?

Accepted Answer

Negligence may be inferred when the injury is of a type that ordinarily does not occur without negligence

Answer

A defendant is strictly liable for any harm caused by their product

Answer

A plaintiff need not prove damages to prevail in a negligence claim

Answer

The defendant bears the burden of proving reasonable care

Question 4

A battery claim requires the plaintiff to prove that the defendant:

Accepted Answer

Intended to cause harmful or offensive contact and contact resulted

Answer

Negligently touched the plaintiff without consent

Answer

Created apprehension of imminent contact in the plaintiff's mind

Answer

Caused the plaintiff severe emotional distress

Question 5

Under pure comparative fault, a plaintiff who is 60% at fault for their own injury and suffered $100,000 in damages would recover:

Accepted Answer

$40,000

Answer

Nothing, because plaintiff is more than 50% at fault

Answer

$60,000

Answer

$100,000 reduced by a set-off

Question 6

Which standard of care applies to a licensed professional such as a physician accused of malpractice?

Accepted Answer

The standard of care of a reasonably competent professional in the same field

Answer

The reasonable person standard

Answer

Strict liability regardless of how carefully the professional acted

Answer

The standard of the most skilled professional in the relevant specialty

Question 7

The 'eggshell plaintiff' (thin skull) rule provides that:

Accepted Answer

A defendant takes the plaintiff as they find them and is liable for full extent of harm even if unforeseeable

Answer

Defendants are not liable for injuries to unusually fragile plaintiffs

Answer

Damages are capped when the plaintiff had a pre-existing condition

Answer

The plaintiff's fragility reduces the defendant's duty of care