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                        Question 1 of 30
1. Question
Consider a scenario in Boise, Idaho, where a small, independent bookstore, “The Novel Nook,” has a lucrative exclusive contract with a local author to sell all copies of their newly released novel for the first six months. A large national bookstore chain, “Book World,” aware of this exclusive agreement, begins offering significant discounts on the same novel, aggressively marketing it through its wider distribution channels and even offering the author a more favorable royalty rate for future publications if they switch their distribution to Book World. This leads to The Novel Nook experiencing a substantial drop in sales and the author ultimately terminating their contract early. What is the most likely legal outcome for The Novel Nook against Book World under Idaho tort law, assuming all other elements of the tort are met?
Correct
In Idaho, the tort of intentional interference with contractual relations requires proof of several elements. The plaintiff must demonstrate the existence of a valid contract between themselves and a third party. Secondly, the defendant must have had knowledge of this contract. Thirdly, the defendant must have intentionally and improperly induced the third party to breach the contract. “Improperly” is a key element and is judged by considering various factors, including the nature of the conduct, the actor’s motive, and the relationship between the parties. Idaho law, like many jurisdictions, recognizes that interference can be improper even if it does not involve fraud or violence, but rather through more subtle means such as the abuse of a dominant economic position or the use of confidential information. The plaintiff must also prove that the interference caused damage, meaning the breach of contract would not have occurred but for the defendant’s actions. The measure of damages typically aims to put the plaintiff in the position they would have been in had the contract been performed.
Incorrect
In Idaho, the tort of intentional interference with contractual relations requires proof of several elements. The plaintiff must demonstrate the existence of a valid contract between themselves and a third party. Secondly, the defendant must have had knowledge of this contract. Thirdly, the defendant must have intentionally and improperly induced the third party to breach the contract. “Improperly” is a key element and is judged by considering various factors, including the nature of the conduct, the actor’s motive, and the relationship between the parties. Idaho law, like many jurisdictions, recognizes that interference can be improper even if it does not involve fraud or violence, but rather through more subtle means such as the abuse of a dominant economic position or the use of confidential information. The plaintiff must also prove that the interference caused damage, meaning the breach of contract would not have occurred but for the defendant’s actions. The measure of damages typically aims to put the plaintiff in the position they would have been in had the contract been performed.
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                        Question 2 of 30
2. Question
Consider a situation in Idaho where a former employee, Ms. Anya Sharma, who had recently suffered a severe personal loss, is terminated from her employment by her supervisor, Mr. Elias Thorne. Mr. Thorne, aware of Ms. Sharma’s fragile emotional state and her stated fear of public humiliation due to a past incident, orchestrates a public announcement of her termination during a company-wide meeting. During this announcement, Mr. Thorne falsely implies that Ms. Sharma was dismissed for gross insubordination and theft, detailing fabricated incidents in a mocking tone, all while knowing her family was present in the audience. Ms. Sharma subsequently suffers a diagnosed panic disorder and requires extensive therapy. Which of the following legal principles, as applied in Idaho tort law, best supports Ms. Sharma’s potential claim for intentional infliction of emotional distress against Mr. Thorne?
Correct
In Idaho, the tort of intentional infliction of emotional distress (IIED) requires the plaintiff to prove four elements: (1) extreme and outrageous conduct by the defendant; (2) intent to cause, or reckless disregard of the probability of causing, emotional distress; (3) a severe emotional distress suffered by the plaintiff; and (4) causation linking the outrageous conduct to the severe emotional distress. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Mere insults, indignities, or annoyances do not rise to this level. Idaho law emphasizes the severity of the emotional distress, which must be more than transient or temporary. The defendant’s intent can be inferred from the outrageousness of the conduct, particularly when the defendant knew of the plaintiff’s particular susceptibility to emotional distress.
Incorrect
In Idaho, the tort of intentional infliction of emotional distress (IIED) requires the plaintiff to prove four elements: (1) extreme and outrageous conduct by the defendant; (2) intent to cause, or reckless disregard of the probability of causing, emotional distress; (3) a severe emotional distress suffered by the plaintiff; and (4) causation linking the outrageous conduct to the severe emotional distress. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Mere insults, indignities, or annoyances do not rise to this level. Idaho law emphasizes the severity of the emotional distress, which must be more than transient or temporary. The defendant’s intent can be inferred from the outrageousness of the conduct, particularly when the defendant knew of the plaintiff’s particular susceptibility to emotional distress.
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                        Question 3 of 30
3. Question
Consider the situation in Idaho where Mr. Abernathy, a supervisor at a manufacturing plant in Boise, repeatedly and publicly ridiculed a subordinate, Ms. Gable, for her perceived lack of efficiency, often using demeaning language in front of other employees. During one incident, Mr. Abernathy falsely accused Ms. Gable of deliberately sabotaging a production line, which caused her significant embarrassment and anxiety. Although Ms. Gable reported the incidents to Human Resources, no substantial action was taken, and the behavior continued intermittently for several months. Ms. Gable subsequently sought legal recourse, claiming intentional infliction of emotional distress. Under Idaho tort law, what is the most likely outcome regarding Ms. Gable’s claim for intentional infliction of emotional distress against Mr. Abernathy and the company?
Correct
In Idaho, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intent to cause severe emotional distress, or reckless disregard for the probability of causing severe emotional distress, and actual severe emotional distress resulting from the conduct. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities do not rise to the level of extreme and outrageous conduct. The distress must also be severe, meaning it must be more than mere upset, embarrassment, or humiliation. It must be distress that no reasonable person could be expected to endure. In this scenario, while Mr. Abernathy’s actions were undoubtedly unpleasant and unprofessional, they likely do not meet the high threshold for extreme and outrageous conduct required for IIED in Idaho. The employer’s actions, though potentially constituting a hostile work environment under employment law, do not necessarily rise to the level of IIED for tort purposes. The focus for IIED is on the outrageousness of the conduct itself, not just its negative impact on the plaintiff.
Incorrect
In Idaho, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intent to cause severe emotional distress, or reckless disregard for the probability of causing severe emotional distress, and actual severe emotional distress resulting from the conduct. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities do not rise to the level of extreme and outrageous conduct. The distress must also be severe, meaning it must be more than mere upset, embarrassment, or humiliation. It must be distress that no reasonable person could be expected to endure. In this scenario, while Mr. Abernathy’s actions were undoubtedly unpleasant and unprofessional, they likely do not meet the high threshold for extreme and outrageous conduct required for IIED in Idaho. The employer’s actions, though potentially constituting a hostile work environment under employment law, do not necessarily rise to the level of IIED for tort purposes. The focus for IIED is on the outrageousness of the conduct itself, not just its negative impact on the plaintiff.
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                        Question 4 of 30
4. Question
Abernathy, a resident of Boise, Idaho, allows his friend, Gable, to borrow his pickup truck. Abernathy is aware that Gable consumed two beers at a local establishment approximately an hour before requesting the truck and observes Gable appearing somewhat unsteady on her feet. Despite this observation, Abernathy permits Gable to drive the truck to her home, which is across town. Shortly after departing, Gable, while operating the truck, runs a red light and collides with a vehicle driven by Peterson, causing Peterson significant injuries and property damage. Peterson is considering a tort claim against both Gable and Abernathy. Under Idaho tort law, on what specific theory of liability is Abernathy most likely to be held responsible for Peterson’s damages?
Correct
The scenario involves a potential claim for negligent entrustment in Idaho. Negligent entrustment occurs when a person entrusts a dangerous instrumentality to another person whom the entruster knows, or should know, is incompetent, inexperienced, or otherwise unfit to use it. In Idaho, the elements for negligent entrustment typically include: 1) entrustment of a chattel (in this case, a vehicle); 2) to a person whom the entruster knows or should know is incompetent, inexperienced, or reckless; 3) the entruster has the ability to control the chattel; and 4) the incompetent user’s negligence causes harm. In this case, Mr. Abernathy, the owner of the truck, allowed his friend, Ms. Gable, to drive it. The critical fact is Abernathy’s knowledge or constructive knowledge of Gable’s impaired driving ability due to recent consumption of alcohol. Idaho law, like many jurisdictions, holds that providing a vehicle to someone known to be intoxicated constitutes negligent entrustment. The fact that Gable was also a licensed driver is relevant but not determinative; the entrustment hinges on the owner’s knowledge of the driver’s *current* incapacitation. The question asks about Abernathy’s potential liability. His liability would stem directly from his negligent act of entrusting the vehicle to Gable, knowing she had consumed alcohol and was potentially impaired, thereby creating an unreasonable risk of harm. The collision and subsequent injuries are the direct result of this breach of duty. The measure of damages would be those proximately caused by Gable’s negligent driving, which Abernathy facilitated through his own negligence. Therefore, Abernathy’s liability is based on his own negligent act of entrustment, not vicariously on Gable’s actions, although her actions are the mechanism of harm.
Incorrect
The scenario involves a potential claim for negligent entrustment in Idaho. Negligent entrustment occurs when a person entrusts a dangerous instrumentality to another person whom the entruster knows, or should know, is incompetent, inexperienced, or otherwise unfit to use it. In Idaho, the elements for negligent entrustment typically include: 1) entrustment of a chattel (in this case, a vehicle); 2) to a person whom the entruster knows or should know is incompetent, inexperienced, or reckless; 3) the entruster has the ability to control the chattel; and 4) the incompetent user’s negligence causes harm. In this case, Mr. Abernathy, the owner of the truck, allowed his friend, Ms. Gable, to drive it. The critical fact is Abernathy’s knowledge or constructive knowledge of Gable’s impaired driving ability due to recent consumption of alcohol. Idaho law, like many jurisdictions, holds that providing a vehicle to someone known to be intoxicated constitutes negligent entrustment. The fact that Gable was also a licensed driver is relevant but not determinative; the entrustment hinges on the owner’s knowledge of the driver’s *current* incapacitation. The question asks about Abernathy’s potential liability. His liability would stem directly from his negligent act of entrusting the vehicle to Gable, knowing she had consumed alcohol and was potentially impaired, thereby creating an unreasonable risk of harm. The collision and subsequent injuries are the direct result of this breach of duty. The measure of damages would be those proximately caused by Gable’s negligent driving, which Abernathy facilitated through his own negligence. Therefore, Abernathy’s liability is based on his own negligent act of entrustment, not vicariously on Gable’s actions, although her actions are the mechanism of harm.
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                        Question 5 of 30
5. Question
Ms. Gable, while driving her vehicle in Boise, Idaho, witnesses her husband, Mr. Gable, who was a passenger in a separate vehicle driven by Mr. Henderson, suffer a severe injury due to Mr. Henderson’s negligent operation of his automobile. Ms. Gable was not physically harmed and was not in any danger of physical harm herself during the incident. However, she experienced significant emotional distress and anxiety as a direct result of witnessing her husband’s injuries. Can Ms. Gable successfully bring a claim for negligent infliction of emotional distress against Mr. Henderson under Idaho tort law?
Correct
The scenario involves a potential claim for negligent infliction of emotional distress (NIED) in Idaho. Idaho law, like many jurisdictions, generally requires a plaintiff to prove specific elements to recover for NIED. These elements typically include: 1) the defendant’s conduct was negligent; 2) the plaintiff suffered severe emotional distress; and 3) the defendant’s negligence was the cause of the emotional distress. Furthermore, Idaho courts have recognized a “zone of danger” rule for NIED claims where the plaintiff was not physically injured but witnessed harm to a close relative. Under this rule, the plaintiff must have been in the zone of physical danger created by the defendant’s negligence and feared for their own safety. In this case, while Ms. Gable suffered emotional distress, she was not in the zone of physical danger herself; her distress stemmed from witnessing the accident involving her husband. Therefore, her claim for NIED would likely fail under Idaho’s established precedent for bystander NIED claims, which typically requires the plaintiff to be within the zone of danger or to have suffered a physical manifestation of the emotional distress caused by the defendant’s negligence. The absence of physical danger to Ms. Gable herself, and the lack of a direct physical impact or injury to her, are critical factors that would prevent recovery for NIED in Idaho.
Incorrect
The scenario involves a potential claim for negligent infliction of emotional distress (NIED) in Idaho. Idaho law, like many jurisdictions, generally requires a plaintiff to prove specific elements to recover for NIED. These elements typically include: 1) the defendant’s conduct was negligent; 2) the plaintiff suffered severe emotional distress; and 3) the defendant’s negligence was the cause of the emotional distress. Furthermore, Idaho courts have recognized a “zone of danger” rule for NIED claims where the plaintiff was not physically injured but witnessed harm to a close relative. Under this rule, the plaintiff must have been in the zone of physical danger created by the defendant’s negligence and feared for their own safety. In this case, while Ms. Gable suffered emotional distress, she was not in the zone of physical danger herself; her distress stemmed from witnessing the accident involving her husband. Therefore, her claim for NIED would likely fail under Idaho’s established precedent for bystander NIED claims, which typically requires the plaintiff to be within the zone of danger or to have suffered a physical manifestation of the emotional distress caused by the defendant’s negligence. The absence of physical danger to Ms. Gable herself, and the lack of a direct physical impact or injury to her, are critical factors that would prevent recovery for NIED in Idaho.
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                        Question 6 of 30
6. Question
Consider a scenario in Boise, Idaho, where a small artisanal bakery, “Crusty Delights,” has a long-standing exclusive supply agreement with a local gourmet grocery store, “Idaho Provisions,” for their signature sourdough bread. A larger national chain, “Global Grocers,” enters the Boise market and, aware of Crusty Delights’ exclusive deal with Idaho Provisions, begins aggressively marketing a similar sourdough loaf at a significantly lower price, coupled with an offer to the grocery store of a substantial volume discount that exceeds the price Crusty Delights can match. This offer from Global Grocers is contingent on Idaho Provisions breaking its contract with Crusty Delights and exclusively stocking Global Grocers’ product. Idaho Provisions, swayed by the economic advantage, terminates its contract with Crusty Delights. Which of the following best describes the potential claim Crusty Delights might have against Global Grocers under Idaho tort law?
Correct
In Idaho, the tort of intentional interference with contractual relations requires proof of four elements: 1) the existence of a valid contract between the plaintiff and a third party; 2) the defendant’s knowledge of the contract; 3) the defendant’s intentional and improper interference with the contract; and 4) resulting damages to the plaintiff. Improper interference can encompass a range of conduct, including fraudulent misrepresentation, threats, or the use of economic pressure. The key is that the interference was not merely incidental but actively induced a breach or termination of the contract. Idaho law, like many jurisdictions, does not require the interference to be the sole cause of the breach, but it must be a substantial factor. The defendant’s motive is relevant; if the interference was for a legitimate business purpose and not solely to harm the plaintiff, it may not be considered improper. For instance, if a competitor offers a better deal to a party under contract, and that party chooses the better deal, it is generally not actionable interference unless the competitor engaged in wrongful conduct to achieve that outcome.
Incorrect
In Idaho, the tort of intentional interference with contractual relations requires proof of four elements: 1) the existence of a valid contract between the plaintiff and a third party; 2) the defendant’s knowledge of the contract; 3) the defendant’s intentional and improper interference with the contract; and 4) resulting damages to the plaintiff. Improper interference can encompass a range of conduct, including fraudulent misrepresentation, threats, or the use of economic pressure. The key is that the interference was not merely incidental but actively induced a breach or termination of the contract. Idaho law, like many jurisdictions, does not require the interference to be the sole cause of the breach, but it must be a substantial factor. The defendant’s motive is relevant; if the interference was for a legitimate business purpose and not solely to harm the plaintiff, it may not be considered improper. For instance, if a competitor offers a better deal to a party under contract, and that party chooses the better deal, it is generally not actionable interference unless the competitor engaged in wrongful conduct to achieve that outcome.
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                        Question 7 of 30
7. Question
Consider a scenario in Boise, Idaho, where Bartholomew negligently leaves a container of a moderately volatile chemical unattended on a public sidewalk. Shortly thereafter, Cyrus, a certified hazardous materials technician responding to a separate, unrelated incident nearby, observes the unattended chemical. Despite possessing knowledge of standard containment procedures and the chemical’s known properties, Cyrus, with a cavalier attitude towards safety, intentionally ignites a small, controlled burn nearby using a highly flammable accelerant in an attempt to quickly dissipate the chemical vapors, believing it would be more efficient than standard procedures. This action, however, triggers an unforeseen and violent explosion of the chemical container. Delilah, a pedestrian walking on the sidewalk approximately fifty yards away, is severely injured by flying debris from the explosion. Under Idaho tort law, which of the following most accurately describes the legal relationship between Bartholomew’s initial negligence and Delilah’s injuries?
Correct
The core of this question lies in understanding the concept of proximate cause in Idaho tort law, specifically within the context of intervening superseding causes. In Idaho, for a defendant’s negligence to be actionable, their conduct must be both the actual cause (cause-in-fact) and the proximate cause of the plaintiff’s injuries. Proximate cause is established if the injury was a foreseeable consequence of the defendant’s negligent act. An intervening cause is an event that occurs after the defendant’s negligent act and contributes to the plaintiff’s injury. A superseding cause is an intervening cause that is so unforeseeable and independent that it breaks the chain of causation, relieving the original negligent defendant of liability. In the scenario presented, while Bartholomew’s initial negligence in leaving the chemical spill is a factual cause of the situation, the actions of Cyrus are critical. Cyrus, a trained hazmat technician, arrives at the scene. He is aware of the chemical’s properties and the standard protocols for containment. Instead of following these established procedures, Cyrus, in a deliberate act of recklessness, decides to use an accelerant to speed up the evaporation process, knowing this would create a volatile reaction. This action is not merely an intervening cause; it is an independent, unforeseeable, and highly reckless act by a professional who should have known better. The subsequent explosion and injury to Delilah are directly and foreseeably caused by Cyrus’s gross negligence and deliberate disregard for safety protocols, not by Bartholomew’s initial, less severe spill. The foreseeability of Cyrus’s specific, extreme action from Bartholomew’s perspective is extremely low. Therefore, Cyrus’s conduct acts as a superseding cause, breaking the chain of legal causation between Bartholomew’s original negligence and Delilah’s injuries. This principle is consistent with Idaho case law that emphasizes the unforeseeability of the intervening act as the key determinant in classifying it as superseding.
Incorrect
The core of this question lies in understanding the concept of proximate cause in Idaho tort law, specifically within the context of intervening superseding causes. In Idaho, for a defendant’s negligence to be actionable, their conduct must be both the actual cause (cause-in-fact) and the proximate cause of the plaintiff’s injuries. Proximate cause is established if the injury was a foreseeable consequence of the defendant’s negligent act. An intervening cause is an event that occurs after the defendant’s negligent act and contributes to the plaintiff’s injury. A superseding cause is an intervening cause that is so unforeseeable and independent that it breaks the chain of causation, relieving the original negligent defendant of liability. In the scenario presented, while Bartholomew’s initial negligence in leaving the chemical spill is a factual cause of the situation, the actions of Cyrus are critical. Cyrus, a trained hazmat technician, arrives at the scene. He is aware of the chemical’s properties and the standard protocols for containment. Instead of following these established procedures, Cyrus, in a deliberate act of recklessness, decides to use an accelerant to speed up the evaporation process, knowing this would create a volatile reaction. This action is not merely an intervening cause; it is an independent, unforeseeable, and highly reckless act by a professional who should have known better. The subsequent explosion and injury to Delilah are directly and foreseeably caused by Cyrus’s gross negligence and deliberate disregard for safety protocols, not by Bartholomew’s initial, less severe spill. The foreseeability of Cyrus’s specific, extreme action from Bartholomew’s perspective is extremely low. Therefore, Cyrus’s conduct acts as a superseding cause, breaking the chain of legal causation between Bartholomew’s original negligence and Delilah’s injuries. This principle is consistent with Idaho case law that emphasizes the unforeseeability of the intervening act as the key determinant in classifying it as superseding.
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                        Question 8 of 30
8. Question
A resident of Boise, Idaho, Mr. Silas Abernathy, sustained injuries due to alleged negligence by a state highway maintenance crew on July 15th. He consulted with an attorney who, due to a calendaring error, filed the required notice of claim with the Idaho Transportation Department on January 12th of the subsequent year. Assuming no other facts suggest actual notice or prejudice to the state, what is the most likely outcome regarding the timeliness of Mr. Abernathy’s claim under the Idaho Tort Claims Act?
Correct
The Idaho Tort Claims Act (ITCA), codified in Idaho Code Title 6, Chapter 16, governs claims against governmental entities and their employees. Specifically, Idaho Code § 6-1604 addresses the notice requirements for such claims. This statute mandates that a claimant must file a written notice of claim with the attorney general or the relevant governmental entity within 180 days after the cause of action arose. The notice must contain specific information, including the time, place, and circumstances of the injury, and the amount of damages sought. Failure to provide timely and adequate notice generally bars a claim, unless the governmental entity has actual notice of the claim and is not prejudiced by the lack of formal notice. In this scenario, Mr. Abernathy’s claim arose on July 15th. The 180-day period would expire on January 11th of the following year. Since he filed his notice on January 12th, he is one day late. The ITCA does not provide a grace period for late filings. While the statute allows for exceptions if the governmental entity had actual notice and was not prejudiced, the question as posed does not provide facts to support such an exception. Therefore, based solely on the statutory notice period, the claim is likely barred.
Incorrect
The Idaho Tort Claims Act (ITCA), codified in Idaho Code Title 6, Chapter 16, governs claims against governmental entities and their employees. Specifically, Idaho Code § 6-1604 addresses the notice requirements for such claims. This statute mandates that a claimant must file a written notice of claim with the attorney general or the relevant governmental entity within 180 days after the cause of action arose. The notice must contain specific information, including the time, place, and circumstances of the injury, and the amount of damages sought. Failure to provide timely and adequate notice generally bars a claim, unless the governmental entity has actual notice of the claim and is not prejudiced by the lack of formal notice. In this scenario, Mr. Abernathy’s claim arose on July 15th. The 180-day period would expire on January 11th of the following year. Since he filed his notice on January 12th, he is one day late. The ITCA does not provide a grace period for late filings. While the statute allows for exceptions if the governmental entity had actual notice and was not prejudiced, the question as posed does not provide facts to support such an exception. Therefore, based solely on the statutory notice period, the claim is likely barred.
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                        Question 9 of 30
9. Question
Consider a scenario in Idaho where a county engineer, following established state building codes and municipal regulations, approves a new residential development’s drainage plan. Unbeknownst to the engineer, a critical calculation error in the plan renders the entire system inadequate for heavy rainfall. This oversight leads to significant property damage for homeowners when a moderate storm overwhelms the drainage system. Under the Idaho Tort Claims Act, what is the most likely legal characterization of the engineer’s duty in approving the plan, and the potential basis for the county’s liability?
Correct
The Idaho Tort Claims Act, specifically Idaho Code § 6-904, outlines the conditions under which a governmental entity or employee can be held liable for tortious conduct. While the Act generally grants immunity for discretionary functions, it waives immunity for ministerial functions. A ministerial function is one that is absolute, certain, and imperative, involving merely the execution of a specific duty arising from fixed and known principles, with no room for discretion. Conversely, a discretionary function involves judgment, planning, or policy-making. In the scenario presented, the decision by the county engineer to approve a flawed drainage plan, which was based on established engineering standards and required adherence to specific building codes and regulations, leans heavily towards a ministerial duty. The engineer was tasked with ensuring the plan met objective criteria, rather than making a broad policy decision. The failure to properly review and identify the critical flaw in the plan, which directly led to the property damage due to flooding, constitutes a breach of this ministerial duty. Therefore, the county, through its engineer’s actions or omissions, could be held liable under the Idaho Tort Claims Act for negligence in the performance of a ministerial function.
Incorrect
The Idaho Tort Claims Act, specifically Idaho Code § 6-904, outlines the conditions under which a governmental entity or employee can be held liable for tortious conduct. While the Act generally grants immunity for discretionary functions, it waives immunity for ministerial functions. A ministerial function is one that is absolute, certain, and imperative, involving merely the execution of a specific duty arising from fixed and known principles, with no room for discretion. Conversely, a discretionary function involves judgment, planning, or policy-making. In the scenario presented, the decision by the county engineer to approve a flawed drainage plan, which was based on established engineering standards and required adherence to specific building codes and regulations, leans heavily towards a ministerial duty. The engineer was tasked with ensuring the plan met objective criteria, rather than making a broad policy decision. The failure to properly review and identify the critical flaw in the plan, which directly led to the property damage due to flooding, constitutes a breach of this ministerial duty. Therefore, the county, through its engineer’s actions or omissions, could be held liable under the Idaho Tort Claims Act for negligence in the performance of a ministerial function.
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                        Question 10 of 30
10. Question
Consider a situation in Boise, Idaho, where a supervisor, Mr. Abernathy, repeatedly makes offensive, unsolicited jokes about an employee, Ms. Bellweather’s, marital status and rumored infidelity. Mr. Abernathy also consistently misgenders Ms. Bellweather, despite being corrected. Ms. Bellweather experiences significant anxiety and humiliation as a result of this behavior, which she reports to HR. The company promptly investigates and disciplines Mr. Abernathy. However, Ms. Bellweather also contemplates filing a tort claim against Mr. Abernathy personally for intentional infliction of emotional distress. Based on Idaho’s legal standards for this tort, what is the most probable outcome of Ms. Bellweather’s claim against Mr. Abernathy?
Correct
The scenario involves a potential claim for intentional infliction of emotional distress (IIED) under Idaho law. For IIED to be actionable in Idaho, four elements must be met: (1) extreme and outrageous conduct, (2) intent to cause, or reckless disregard of the probability of causing, emotional distress, (3) a causal connection between the wrongful conduct and the emotional distress, and (4) severe emotional distress. In Idaho, the conduct must be so outrageous in character, and so terrible in quality, as to shock the conscience and be utterly intolerable in a civilized community. Mere insults, indignities, or trivialities are not sufficient. The actions of Mr. Abernathy, while certainly unprofessional and potentially a violation of workplace policy, must be assessed against this high standard for IIED. While his repeated, unsolicited, and offensive jokes about Ms. Bellweather’s marital status and alleged infidelity, coupled with his deliberate misgendering, created a hostile work environment and caused her distress, the critical question is whether this conduct rises to the level of “extreme and outrageous” as defined by Idaho case law. Idaho courts have historically required a higher threshold for IIED claims, often involving threats of physical harm, prolonged harassment campaigns with a clear intent to cause severe distress, or abuse of a position of power in a particularly egregious manner. The facts presented, though unpleasant, might be viewed by an Idaho court as falling short of the extreme and outrageous conduct necessary to sustain an IIED claim, especially without evidence of a specific intent to cause severe emotional distress or a direct causal link to a diagnosed severe emotional condition. The employer’s subsequent disciplinary action, while potentially mitigating the employer’s direct liability for the employee’s actions under certain vicarious liability theories, does not alter the fundamental analysis of whether Abernathy’s conduct itself was extreme and outrageous for an IIED claim. Therefore, the most likely outcome is that Ms. Bellweather’s claim for IIED would fail because the conduct, while offensive, does not meet Idaho’s stringent definition of extreme and outrageous.
Incorrect
The scenario involves a potential claim for intentional infliction of emotional distress (IIED) under Idaho law. For IIED to be actionable in Idaho, four elements must be met: (1) extreme and outrageous conduct, (2) intent to cause, or reckless disregard of the probability of causing, emotional distress, (3) a causal connection between the wrongful conduct and the emotional distress, and (4) severe emotional distress. In Idaho, the conduct must be so outrageous in character, and so terrible in quality, as to shock the conscience and be utterly intolerable in a civilized community. Mere insults, indignities, or trivialities are not sufficient. The actions of Mr. Abernathy, while certainly unprofessional and potentially a violation of workplace policy, must be assessed against this high standard for IIED. While his repeated, unsolicited, and offensive jokes about Ms. Bellweather’s marital status and alleged infidelity, coupled with his deliberate misgendering, created a hostile work environment and caused her distress, the critical question is whether this conduct rises to the level of “extreme and outrageous” as defined by Idaho case law. Idaho courts have historically required a higher threshold for IIED claims, often involving threats of physical harm, prolonged harassment campaigns with a clear intent to cause severe distress, or abuse of a position of power in a particularly egregious manner. The facts presented, though unpleasant, might be viewed by an Idaho court as falling short of the extreme and outrageous conduct necessary to sustain an IIED claim, especially without evidence of a specific intent to cause severe emotional distress or a direct causal link to a diagnosed severe emotional condition. The employer’s subsequent disciplinary action, while potentially mitigating the employer’s direct liability for the employee’s actions under certain vicarious liability theories, does not alter the fundamental analysis of whether Abernathy’s conduct itself was extreme and outrageous for an IIED claim. Therefore, the most likely outcome is that Ms. Bellweather’s claim for IIED would fail because the conduct, while offensive, does not meet Idaho’s stringent definition of extreme and outrageous.
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                        Question 11 of 30
11. Question
Mr. Abernathy, a resident of Boise, Idaho, allowed his acquaintance, Ms. Gable, to borrow his registered handgun. Mr. Abernathy was aware that Ms. Gable had a history of impulsive behavior and had previously expressed concerns about her ability to handle stressful situations responsibly, though she possessed a valid Idaho concealed handgun license. While practicing at a local shooting range, Ms. Gable, due to her agitated state, mishandled the firearm, causing it to discharge and injure another patron. Under Idaho tort law principles, what is the most likely legal basis for holding Mr. Abernathy liable for the injuries sustained by the patron?
Correct
The scenario involves a potential claim for negligent entrustment under Idaho law. Negligent entrustment occurs when a person entrusts a dangerous instrumentality to someone they know or should know is incompetent or unqualified to use it, and that incompetence or lack of qualification causes harm. In this case, the owner of the firearm, Mr. Abernathy, provided it to Ms. Gable. The critical element for negligent entrustment is Mr. Abernathy’s knowledge or constructive knowledge of Ms. Gable’s unsuitability to possess or use the firearm. Idaho Code § 18-3302, while primarily dealing with concealed weapons licenses, reflects a legislative intent to regulate firearm possession by individuals who may pose a risk. Although there is no direct Idaho statute defining negligent entrustment of a firearm in this specific manner, the common law principles of negligence, including the duty of care owed by a possessor of a dangerous instrumentality to others, are applicable. The question hinges on whether Mr. Abernathy breached his duty of care by entrusting the firearm to Ms. Gable, knowing her history of erratic behavior and lack of training. If Mr. Abernathy had actual knowledge or if a reasonable person in his position would have known of Ms. Gable’s propensity for unsafe firearm handling, then a claim for negligent entrustment could likely succeed. The fact that Ms. Gable was a licensed handgun owner in Idaho, while relevant to her legal ability to possess a firearm, does not automatically absolve Mr. Abernathy of liability for entrusting it to her if he knew she was otherwise unfit to use it safely. The key is the entrustment itself, coupled with the entrustor’s knowledge of the entrustee’s unsuitability, leading to foreseeable harm. The presence of a concealed weapon license for Ms. Gable does not negate Mr. Abernathy’s duty to exercise reasonable care in entrusting the firearm, especially given the described history. Therefore, the most accurate assessment is that Mr. Abernathy could be held liable for negligent entrustment if his knowledge of Ms. Gable’s unsuitability is established.
Incorrect
The scenario involves a potential claim for negligent entrustment under Idaho law. Negligent entrustment occurs when a person entrusts a dangerous instrumentality to someone they know or should know is incompetent or unqualified to use it, and that incompetence or lack of qualification causes harm. In this case, the owner of the firearm, Mr. Abernathy, provided it to Ms. Gable. The critical element for negligent entrustment is Mr. Abernathy’s knowledge or constructive knowledge of Ms. Gable’s unsuitability to possess or use the firearm. Idaho Code § 18-3302, while primarily dealing with concealed weapons licenses, reflects a legislative intent to regulate firearm possession by individuals who may pose a risk. Although there is no direct Idaho statute defining negligent entrustment of a firearm in this specific manner, the common law principles of negligence, including the duty of care owed by a possessor of a dangerous instrumentality to others, are applicable. The question hinges on whether Mr. Abernathy breached his duty of care by entrusting the firearm to Ms. Gable, knowing her history of erratic behavior and lack of training. If Mr. Abernathy had actual knowledge or if a reasonable person in his position would have known of Ms. Gable’s propensity for unsafe firearm handling, then a claim for negligent entrustment could likely succeed. The fact that Ms. Gable was a licensed handgun owner in Idaho, while relevant to her legal ability to possess a firearm, does not automatically absolve Mr. Abernathy of liability for entrusting it to her if he knew she was otherwise unfit to use it safely. The key is the entrustment itself, coupled with the entrustor’s knowledge of the entrustee’s unsuitability, leading to foreseeable harm. The presence of a concealed weapon license for Ms. Gable does not negate Mr. Abernathy’s duty to exercise reasonable care in entrusting the firearm, especially given the described history. Therefore, the most accurate assessment is that Mr. Abernathy could be held liable for negligent entrustment if his knowledge of Ms. Gable’s unsuitability is established.
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                        Question 12 of 30
12. Question
Consider a situation in Idaho where a disgruntled former business partner, Mr. Abernathy, repeatedly and publicly accuses Ms. Gable, a respected accountant, of embezzling funds from their shared company. These accusations are entirely fabricated and are made with the knowledge that they will severely damage Ms. Gable’s professional reputation and personal well-being. Ms. Gable suffers from a diagnosed anxiety disorder that significantly worsens due to these false accusations, leading to insomnia and requiring her to seek professional psychological counseling. Under Idaho tort law, what is the most appropriate legal claim Ms. Gable would likely pursue against Mr. Abernathy for the emotional and reputational harm she has endured?
Correct
In Idaho, the tort of intentional infliction of emotional distress (IIED) requires the plaintiff to prove four elements: (1) extreme and outrageous conduct; (2) intent to cause, or reckless disregard of the probability of causing, emotional distress; (3) a causal connection between the wrongful conduct and the emotional distress; and (4) severe emotional distress. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Mere insults, indignities, or petty oppressions do not suffice. In the scenario presented, the repeated, baseless accusations of embezzlement by Mr. Abernathy, coupled with the public dissemination of these falsehoods and the specific intent to ruin Ms. Gable’s professional reputation and cause her severe mental anguish, likely meet the threshold for extreme and outrageous conduct. The evidence of her diagnosed anxiety disorder, inability to sleep, and need for professional counseling directly supports the element of severe emotional distress. The causal connection is established by the timing of the distress following Abernathy’s actions. Therefore, Ms. Gable would likely succeed in an IIED claim against Mr. Abernathy in Idaho.
Incorrect
In Idaho, the tort of intentional infliction of emotional distress (IIED) requires the plaintiff to prove four elements: (1) extreme and outrageous conduct; (2) intent to cause, or reckless disregard of the probability of causing, emotional distress; (3) a causal connection between the wrongful conduct and the emotional distress; and (4) severe emotional distress. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Mere insults, indignities, or petty oppressions do not suffice. In the scenario presented, the repeated, baseless accusations of embezzlement by Mr. Abernathy, coupled with the public dissemination of these falsehoods and the specific intent to ruin Ms. Gable’s professional reputation and cause her severe mental anguish, likely meet the threshold for extreme and outrageous conduct. The evidence of her diagnosed anxiety disorder, inability to sleep, and need for professional counseling directly supports the element of severe emotional distress. The causal connection is established by the timing of the distress following Abernathy’s actions. Therefore, Ms. Gable would likely succeed in an IIED claim against Mr. Abernathy in Idaho.
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                        Question 13 of 30
13. Question
Consider a situation in Idaho where Ms. Chen, a prospective purchaser of a commercial property, inquired about the structural soundness of a vintage barn on the premises from the seller, Mr. Abernathy. Mr. Abernathy, who had not engaged a professional inspector, stated, “The barn’s frame is solid as a rock; it’s been standing for over a century and shows no signs of significant compromise.” Relying on this assurance, Ms. Chen proceeded with the purchase, intending to convert the barn into a popular artisan bakery. Post-acquisition, upon commencing renovations, Ms. Chen discovered extensive rot and structural weaknesses that necessitated costly reinforcement and repair, far exceeding her initial budget and altering her business plan. Which tort theory would be most applicable for Ms. Chen to pursue against Mr. Abernathy in Idaho, given these facts?
Correct
The scenario involves a potential claim for negligent misrepresentation under Idaho law. To establish negligent misrepresentation, the plaintiff must prove: (1) the defendant made a false representation of a material fact; (2) the defendant knew or should have known the representation was false; (3) the defendant intended to induce the plaintiff to act or refrain from acting in reliance upon the representation; (4) the plaintiff reasonably relied upon the representation; and (5) the plaintiff suffered damages as a result of the reliance. In this case, Mr. Abernathy provided an opinion regarding the structural integrity of the barn, which was presented as a factual assertion about its current condition. While Mr. Abernathy may have genuinely believed his assessment, the fact that he failed to conduct a professional inspection, despite the significant age and condition of the barn, raises questions about whether he “should have known” it was false. The critical element is the reasonableness of the reliance. A reasonable buyer, particularly one purchasing a property for a significant sum with the intent to renovate and operate a business, would likely rely on a seller’s stated opinion about a fundamental aspect like structural integrity, especially when presented with a degree of certainty. The prompt states that Ms. Chen relied on this statement in deciding to purchase the property and incurring renovation costs. The failure to disclose the lack of a professional inspection, coupled with the potentially inaccurate assessment, could be construed as a breach of a duty of care owed to the buyer in a business transaction involving real property. Idaho law generally requires a seller to disclose known latent defects, but negligent misrepresentation focuses on the affirmative false statement or omission of a fact that the speaker had a duty to disclose. The “duty” here arises from the context of a commercial real estate transaction where one party possesses superior knowledge or expertise, or where a statement is made with a degree of certainty that implies factual backing. The fact that the barn’s condition was significantly worse than represented, leading to unexpected and substantial repair costs, directly links the alleged misrepresentation to Ms. Chen’s damages. The measure of damages in such cases typically aims to put the plaintiff in the position they would have been in had the misrepresentation been true, or to compensate for the loss incurred due to reliance.
Incorrect
The scenario involves a potential claim for negligent misrepresentation under Idaho law. To establish negligent misrepresentation, the plaintiff must prove: (1) the defendant made a false representation of a material fact; (2) the defendant knew or should have known the representation was false; (3) the defendant intended to induce the plaintiff to act or refrain from acting in reliance upon the representation; (4) the plaintiff reasonably relied upon the representation; and (5) the plaintiff suffered damages as a result of the reliance. In this case, Mr. Abernathy provided an opinion regarding the structural integrity of the barn, which was presented as a factual assertion about its current condition. While Mr. Abernathy may have genuinely believed his assessment, the fact that he failed to conduct a professional inspection, despite the significant age and condition of the barn, raises questions about whether he “should have known” it was false. The critical element is the reasonableness of the reliance. A reasonable buyer, particularly one purchasing a property for a significant sum with the intent to renovate and operate a business, would likely rely on a seller’s stated opinion about a fundamental aspect like structural integrity, especially when presented with a degree of certainty. The prompt states that Ms. Chen relied on this statement in deciding to purchase the property and incurring renovation costs. The failure to disclose the lack of a professional inspection, coupled with the potentially inaccurate assessment, could be construed as a breach of a duty of care owed to the buyer in a business transaction involving real property. Idaho law generally requires a seller to disclose known latent defects, but negligent misrepresentation focuses on the affirmative false statement or omission of a fact that the speaker had a duty to disclose. The “duty” here arises from the context of a commercial real estate transaction where one party possesses superior knowledge or expertise, or where a statement is made with a degree of certainty that implies factual backing. The fact that the barn’s condition was significantly worse than represented, leading to unexpected and substantial repair costs, directly links the alleged misrepresentation to Ms. Chen’s damages. The measure of damages in such cases typically aims to put the plaintiff in the position they would have been in had the misrepresentation been true, or to compensate for the loss incurred due to reliance.
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                        Question 14 of 30
14. Question
Consider a scenario in Idaho where Ms. Gable, a new employee at a tech firm, overhears her supervisor, Mr. Abernathy, making disparaging remarks about her perceived lack of technical aptitude and her regional accent during a private phone call with a colleague. Ms. Gable is deeply offended and feels humiliated, leading her to take a day off work due to the emotional distress caused by the overheard conversation. She subsequently considers filing a lawsuit against Mr. Abernathy for intentional infliction of emotional distress. Under Idaho tort law, what is the most likely outcome of Ms. Gable’s claim?
Correct
In Idaho, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intent to cause severe emotional distress, or reckless disregard for the probability of causing severe emotional distress, and actual severe emotional distress. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Merely insulting or offensive behavior is insufficient. The distress must be severe, meaning it is more than mere worry, anxiety, or hurt feelings; it must be a level of distress that no reasonable person would be expected to endure. In the given scenario, while the actions of Mr. Abernathy were undoubtedly unpleasant and unprofessional, they do not rise to the level of extreme and outrageous conduct required by Idaho law for IIED. The comments, though insensitive and potentially discriminatory, were made in a private conversation and did not involve threats, physical intimidation, or a pattern of harassment designed to cause severe emotional distress. The plaintiff’s reaction of feeling upset and needing to take a day off, while understandable, does not meet the threshold for severe emotional distress as defined by Idaho case law. The conduct, while morally reprehensible, is not sufficiently extreme or outrageous to be considered actionable under the IIED tort in Idaho.
Incorrect
In Idaho, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intent to cause severe emotional distress, or reckless disregard for the probability of causing severe emotional distress, and actual severe emotional distress. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Merely insulting or offensive behavior is insufficient. The distress must be severe, meaning it is more than mere worry, anxiety, or hurt feelings; it must be a level of distress that no reasonable person would be expected to endure. In the given scenario, while the actions of Mr. Abernathy were undoubtedly unpleasant and unprofessional, they do not rise to the level of extreme and outrageous conduct required by Idaho law for IIED. The comments, though insensitive and potentially discriminatory, were made in a private conversation and did not involve threats, physical intimidation, or a pattern of harassment designed to cause severe emotional distress. The plaintiff’s reaction of feeling upset and needing to take a day off, while understandable, does not meet the threshold for severe emotional distress as defined by Idaho case law. The conduct, while morally reprehensible, is not sufficiently extreme or outrageous to be considered actionable under the IIED tort in Idaho.
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                        Question 15 of 30
15. Question
Consider a scenario in Boise, Idaho, where a disgruntled former employee, Bartholomew, disseminates fabricated emails to his ex-colleagues, falsely accusing the company’s CEO, Ms. Anya Sharma, of embezzlement and unethical business practices. Bartholomew includes highly personal and embarrassing details about Ms. Sharma’s family life, which he learned during his employment, in these emails, knowing they would be widely circulated within the company and to its clients. Ms. Sharma, upon discovering the widespread dissemination of these malicious and intrusive falsehoods, suffers significant psychological distress, including insomnia and anxiety, requiring her to seek professional counseling. Bartholomew’s actions were motivated by a desire to ruin Ms. Sharma’s reputation and cause her profound personal anguish. Under Idaho tort law, which of the following is the most accurate assessment of Ms. Sharma’s potential claim for intentional infliction of emotional distress against Bartholomew?
Correct
In Idaho, the tort of intentional infliction of emotional distress (IIED) requires proof of four elements: (1) extreme and outrageous conduct, (2) intent to cause, or reckless disregard of the probability of causing, emotional distress, (3) a causal connection between the conduct and the distress, and (4) severe emotional distress. Idaho law, as interpreted by its courts, generally requires that the conduct be so outrageous in character, and so reckless in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community. Mere insults, indignities, or petty oppressions do not suffice. The severity of the emotional distress is also a critical factor; it must be more than mere temporary annoyance or trivial hurt. The Idaho Supreme Court has indicated that IIED claims are not favored and are to be narrowly construed. The analysis hinges on the objective reasonableness of the conduct and the severity of the resulting distress, viewed in the context of the relationship between the parties and any vulnerabilities of the plaintiff that the defendant may have been aware of.
Incorrect
In Idaho, the tort of intentional infliction of emotional distress (IIED) requires proof of four elements: (1) extreme and outrageous conduct, (2) intent to cause, or reckless disregard of the probability of causing, emotional distress, (3) a causal connection between the conduct and the distress, and (4) severe emotional distress. Idaho law, as interpreted by its courts, generally requires that the conduct be so outrageous in character, and so reckless in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community. Mere insults, indignities, or petty oppressions do not suffice. The severity of the emotional distress is also a critical factor; it must be more than mere temporary annoyance or trivial hurt. The Idaho Supreme Court has indicated that IIED claims are not favored and are to be narrowly construed. The analysis hinges on the objective reasonableness of the conduct and the severity of the resulting distress, viewed in the context of the relationship between the parties and any vulnerabilities of the plaintiff that the defendant may have been aware of.
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                        Question 16 of 30
16. Question
Consider a former Idaho state senator, Elara Vance, who, after leaving office, became involved in a highly publicized local debate regarding the funding of a new community arts center. During this debate, a local newspaper published an article detailing Vance’s past arrest for petty theft over twenty years prior, an event that was expunged from her record at the time and had no bearing on her senatorial duties or her current advocacy for the arts center. The article presented the information in a sensationalized manner, focusing on the details of the arrest rather than its relevance to Vance’s current public discourse. Vance sues the newspaper for public disclosure of private facts. Under Idaho tort law, what is the most likely outcome for Vance’s claim, assuming the arrest itself was indeed a private fact not previously disclosed?
Correct
In Idaho, the tort of public disclosure of private facts generally requires that the disclosed information be truly private, highly offensive to a reasonable person, and not of legitimate public concern. The Idaho Supreme Court, in cases like *Smith v. Smith*, has emphasized that the “newsworthiness” or “public interest” element is crucial in determining whether a disclosure is actionable. Even if information was once private, if it becomes a matter of legitimate public concern, its subsequent disclosure is typically privileged. For example, details about a person’s past criminal conduct, if relevant to their current public role or a matter of public debate, might not be considered actionable. The intent of the defendant is also a factor, but the primary focus remains on the nature of the disclosed information and its relation to public interest. A plaintiff must demonstrate that the disclosure was made with reckless disregard for the private nature of the facts, and that the information was not newsworthy. The absence of a legitimate public concern is a prerequisite for establishing liability for this tort in Idaho.
Incorrect
In Idaho, the tort of public disclosure of private facts generally requires that the disclosed information be truly private, highly offensive to a reasonable person, and not of legitimate public concern. The Idaho Supreme Court, in cases like *Smith v. Smith*, has emphasized that the “newsworthiness” or “public interest” element is crucial in determining whether a disclosure is actionable. Even if information was once private, if it becomes a matter of legitimate public concern, its subsequent disclosure is typically privileged. For example, details about a person’s past criminal conduct, if relevant to their current public role or a matter of public debate, might not be considered actionable. The intent of the defendant is also a factor, but the primary focus remains on the nature of the disclosed information and its relation to public interest. A plaintiff must demonstrate that the disclosure was made with reckless disregard for the private nature of the facts, and that the information was not newsworthy. The absence of a legitimate public concern is a prerequisite for establishing liability for this tort in Idaho.
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                        Question 17 of 30
17. Question
A farm owner in rural Idaho, Mr. Abernathy, allows his farmhand, Silas, to use a tractor to haul feed. Mr. Abernathy is aware that Silas has a documented history of operating farm equipment with extreme carelessness, including a recent incident where he nearly collided with another vehicle while operating a combine due to apparent inattention. On the day in question, Silas consumed alcohol before operating the tractor. While driving on a public road, Silas, in a state of intoxication and exhibiting his characteristic recklessness, swerves into the opposing lane and strikes Ms. Gable’s car, causing her significant injuries. Ms. Gable is considering a lawsuit against both Silas for his direct negligence and Mr. Abernathy. Under Idaho tort law principles, what is the most likely basis for holding Mr. Abernathy liable in this situation?
Correct
The scenario involves a potential claim for negligent entrustment under Idaho law. To establish negligent entrustment, the plaintiff must prove that the owner of the chattel (in this case, the tractor) knew or had reason to know that the person to whom it was entrusted was incompetent, reckless, or unfit to use it, and that this entrustment was a proximate cause of the plaintiff’s injuries. Idaho follows the general principles of common law negligence. In this case, the owner of the farm, Mr. Abernathy, provided his tractor to a farmhand, Silas, who was known to have a history of operating heavy machinery recklessly, including a prior incident where he nearly caused an accident due to inattention while driving a combine. This prior knowledge by Mr. Abernathy regarding Silas’s demonstrated incompetence and recklessness in operating farm equipment is crucial. The fact that Silas was also intoxicated at the time of the incident further exacerbates his unfitness. The proximate cause element is met because Silas’s impaired and reckless operation of the tractor directly led to the collision with Ms. Gable’s vehicle. Therefore, Mr. Abernathy could be held liable for negligent entrustment. The calculation here is not numerical but rather a legal analysis of the elements of the tort.
Incorrect
The scenario involves a potential claim for negligent entrustment under Idaho law. To establish negligent entrustment, the plaintiff must prove that the owner of the chattel (in this case, the tractor) knew or had reason to know that the person to whom it was entrusted was incompetent, reckless, or unfit to use it, and that this entrustment was a proximate cause of the plaintiff’s injuries. Idaho follows the general principles of common law negligence. In this case, the owner of the farm, Mr. Abernathy, provided his tractor to a farmhand, Silas, who was known to have a history of operating heavy machinery recklessly, including a prior incident where he nearly caused an accident due to inattention while driving a combine. This prior knowledge by Mr. Abernathy regarding Silas’s demonstrated incompetence and recklessness in operating farm equipment is crucial. The fact that Silas was also intoxicated at the time of the incident further exacerbates his unfitness. The proximate cause element is met because Silas’s impaired and reckless operation of the tractor directly led to the collision with Ms. Gable’s vehicle. Therefore, Mr. Abernathy could be held liable for negligent entrustment. The calculation here is not numerical but rather a legal analysis of the elements of the tort.
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                        Question 18 of 30
18. Question
Consider a scenario in Boise, Idaho, where “Alpine Manufacturing” has a long-term exclusive contract to supply specialized components to “Summit Electronics.” A rival company, “Peak Components,” seeking to gain market share, learns of this exclusive agreement. Peak Components then engages in a campaign to poach Alpine Manufacturing’s key engineers, offering them significantly higher salaries and benefits, with the express intent of crippling Alpine Manufacturing’s production capacity and thus forcing Summit Electronics to seek a new supplier. This action directly leads to substantial delays and quality issues for Summit Electronics, causing them to incur significant financial losses and ultimately terminating their contract with Alpine Manufacturing. Under Idaho tort law, what is the most appropriate legal basis for Summit Electronics to seek damages from Peak Components, given the direct interference with their contractual relationship and the resulting harm?
Correct
In Idaho, the tort of intentional interference with contractual relations requires a plaintiff to prove the existence of a valid contract, the defendant’s knowledge of the contract, the defendant’s intentional and improper interference with the contract, and resulting damages. Idaho Code § 48-603, while primarily dealing with unfair competition, can be interpreted to encompass situations where a party’s actions, motivated by anti-competitive or malicious intent, disrupt existing contractual agreements, thereby causing economic harm. The key is the defendant’s intent to disrupt the contract and the lack of justification for that interference. The improper nature of the interference is judged by considering factors such as the motive of the defendant, the interests sought to be protected by the defendant, the social interests in protecting the plaintiff’s contractual rights and the defendant’s freedom of action, the harm done to the plaintiff, and the availability of alternative means for the defendant to achieve their objectives. For instance, if a competitor in Idaho, knowing of a supply contract between two businesses, actively persuades a key supplier to breach that contract without a legitimate business reason, and this breach causes financial loss to one of the original contracting parties, then a claim for intentional interference with contractual relations may be established. The focus is on the defendant’s conduct and its direct impact on the contractual relationship, rather than merely the existence of competition. The damages sought would typically be the lost profits or other financial harm directly attributable to the interference.
Incorrect
In Idaho, the tort of intentional interference with contractual relations requires a plaintiff to prove the existence of a valid contract, the defendant’s knowledge of the contract, the defendant’s intentional and improper interference with the contract, and resulting damages. Idaho Code § 48-603, while primarily dealing with unfair competition, can be interpreted to encompass situations where a party’s actions, motivated by anti-competitive or malicious intent, disrupt existing contractual agreements, thereby causing economic harm. The key is the defendant’s intent to disrupt the contract and the lack of justification for that interference. The improper nature of the interference is judged by considering factors such as the motive of the defendant, the interests sought to be protected by the defendant, the social interests in protecting the plaintiff’s contractual rights and the defendant’s freedom of action, the harm done to the plaintiff, and the availability of alternative means for the defendant to achieve their objectives. For instance, if a competitor in Idaho, knowing of a supply contract between two businesses, actively persuades a key supplier to breach that contract without a legitimate business reason, and this breach causes financial loss to one of the original contracting parties, then a claim for intentional interference with contractual relations may be established. The focus is on the defendant’s conduct and its direct impact on the contractual relationship, rather than merely the existence of competition. The damages sought would typically be the lost profits or other financial harm directly attributable to the interference.
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                        Question 19 of 30
19. Question
Consider a scenario in Boise, Idaho, where a construction firm, “Summit Builders,” has a binding contract with a property developer to construct a new office complex. A rival construction company, “Peak Constructors,” aware of this contract, actively solicits the property developer for the same project, offering a slightly lower bid and a more aggressive timeline. Peak Constructors’ actions lead the developer to terminate the contract with Summit Builders and sign a new agreement with Peak Constructors. Summit Builders sues Peak Constructors for intentional interference with contractual relations under Idaho law. Which of the following assessments most accurately reflects the likely outcome of Summit Builders’ claim?
Correct
The question pertains to the tort of intentional interference with contractual relations in Idaho. To establish this tort, a plaintiff must demonstrate: (1) the existence of a valid contract between the plaintiff and a third party; (2) the defendant’s knowledge of the contract; (3) the defendant’s intentional and improper interference with the contract, inducing a breach or termination; and (4) resulting damages to the plaintiff. In Idaho, the analysis of “improper” interference often involves considering factors such as the nature of the defendant’s conduct, the defendant’s motive, and the relationship between the parties. Idaho law recognizes that competition, even if aggressive, is generally not improper if it is conducted fairly and without malicious intent or unlawful means. The case of *W.R. Carpenter & Co. v. Smith* (1965) is foundational in Idaho for this tort, emphasizing the need for intentional, unjustified interference. A key element is that the defendant’s actions must be the proximate cause of the breach and the plaintiff’s damages. The plaintiff must show more than mere negligence or an accidental disruption of the contract; the interference must be deliberate and without legal justification. The question focuses on whether the defendant’s actions, even if causing financial harm, rise to the level of tortious interference under Idaho law, particularly when the defendant’s primary motive appears to be business competition rather than solely to harm the plaintiff’s contractual relationship. The absence of proof of improper means or intent to solely disrupt the contract, coupled with the defendant’s legitimate business interest in securing the same contract, would likely defeat the claim. Therefore, if the defendant’s actions were primarily motivated by a desire to secure the contract for themselves through legitimate competitive means, and not solely to cause harm to the plaintiff’s existing agreement, the claim for intentional interference with contractual relations would likely fail in Idaho.
Incorrect
The question pertains to the tort of intentional interference with contractual relations in Idaho. To establish this tort, a plaintiff must demonstrate: (1) the existence of a valid contract between the plaintiff and a third party; (2) the defendant’s knowledge of the contract; (3) the defendant’s intentional and improper interference with the contract, inducing a breach or termination; and (4) resulting damages to the plaintiff. In Idaho, the analysis of “improper” interference often involves considering factors such as the nature of the defendant’s conduct, the defendant’s motive, and the relationship between the parties. Idaho law recognizes that competition, even if aggressive, is generally not improper if it is conducted fairly and without malicious intent or unlawful means. The case of *W.R. Carpenter & Co. v. Smith* (1965) is foundational in Idaho for this tort, emphasizing the need for intentional, unjustified interference. A key element is that the defendant’s actions must be the proximate cause of the breach and the plaintiff’s damages. The plaintiff must show more than mere negligence or an accidental disruption of the contract; the interference must be deliberate and without legal justification. The question focuses on whether the defendant’s actions, even if causing financial harm, rise to the level of tortious interference under Idaho law, particularly when the defendant’s primary motive appears to be business competition rather than solely to harm the plaintiff’s contractual relationship. The absence of proof of improper means or intent to solely disrupt the contract, coupled with the defendant’s legitimate business interest in securing the same contract, would likely defeat the claim. Therefore, if the defendant’s actions were primarily motivated by a desire to secure the contract for themselves through legitimate competitive means, and not solely to cause harm to the plaintiff’s existing agreement, the claim for intentional interference with contractual relations would likely fail in Idaho.
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                        Question 20 of 30
20. Question
Consider a situation in Idaho where Ms. Anya Sharma, a small business owner, has a written contract with “Peak Performance Gear” for the supply of specialized athletic apparel. Mr. Kai Tanaka, a representative from a competing supplier, “Summit Supply Solutions,” learns of this contract. Tanaka approaches Ms. Sharma and offers her a comparable product at a slightly lower price, with more favorable payment terms. Ms. Sharma, intrigued by the offer, subsequently terminates her contract with “Peak Performance Gear” and enters into a new agreement with “Summit Supply Solutions.” If “Peak Performance Gear” were to sue Mr. Tanaka for intentional interference with contractual relations in Idaho, what is the most likely outcome based on the principles of Idaho tort law, assuming no other improper conduct by Mr. Tanaka?
Correct
In Idaho, the tort of intentional interference with contractual relations requires proof of: (1) the existence of a valid contract, (2) the defendant’s knowledge of the contract, (3) the defendant’s intentional and improper interference with the contract, and (4) resulting damages. The “improper” nature of the interference is a key element, often assessed by considering factors such as the motive of the interferer, the nature of the conduct, and the relationship between the parties. Idaho law, like many jurisdictions, recognizes that not all interference is tortious; for instance, competition in the marketplace, even if it leads to a contract breach, is generally permissible if conducted without improper means or intent to harm. The Idaho Supreme Court has emphasized that the plaintiff must demonstrate that the defendant acted with malice or an intent to injure the contractual relationship, rather than merely pursuing their own legitimate business interests. In the given scenario, while a contract existed between Ms. Anya Sharma and “Peak Performance Gear” and Mr. Kai Tanaka was aware of it, his actions of offering a slightly better price to Ms. Sharma to switch suppliers, without any further coercive or deceptive tactics, are likely to be viewed as legitimate business competition. His primary motive appears to be securing a new client for his own business, “Summit Supply Solutions,” rather than solely to disrupt Ms. Sharma’s existing contractual obligations with her current supplier. Without evidence of Tanaka’s intent to cause harm beyond the natural consequences of competition, or the use of wrongful means, his conduct likely does not rise to the level of tortious interference under Idaho law. Therefore, Ms. Sharma would likely not succeed in a claim against Mr. Tanaka.
Incorrect
In Idaho, the tort of intentional interference with contractual relations requires proof of: (1) the existence of a valid contract, (2) the defendant’s knowledge of the contract, (3) the defendant’s intentional and improper interference with the contract, and (4) resulting damages. The “improper” nature of the interference is a key element, often assessed by considering factors such as the motive of the interferer, the nature of the conduct, and the relationship between the parties. Idaho law, like many jurisdictions, recognizes that not all interference is tortious; for instance, competition in the marketplace, even if it leads to a contract breach, is generally permissible if conducted without improper means or intent to harm. The Idaho Supreme Court has emphasized that the plaintiff must demonstrate that the defendant acted with malice or an intent to injure the contractual relationship, rather than merely pursuing their own legitimate business interests. In the given scenario, while a contract existed between Ms. Anya Sharma and “Peak Performance Gear” and Mr. Kai Tanaka was aware of it, his actions of offering a slightly better price to Ms. Sharma to switch suppliers, without any further coercive or deceptive tactics, are likely to be viewed as legitimate business competition. His primary motive appears to be securing a new client for his own business, “Summit Supply Solutions,” rather than solely to disrupt Ms. Sharma’s existing contractual obligations with her current supplier. Without evidence of Tanaka’s intent to cause harm beyond the natural consequences of competition, or the use of wrongful means, his conduct likely does not rise to the level of tortious interference under Idaho law. Therefore, Ms. Sharma would likely not succeed in a claim against Mr. Tanaka.
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                        Question 21 of 30
21. Question
A small, independent bookstore in Boise, Idaho, had a long-term exclusive supply agreement with a regional publisher for a unique line of art books. A national bookstore chain, aware of this exclusive agreement, opened a new branch across the street. The chain then began aggressively marketing the same art books, offering them at a significant discount, and even sent representatives to persuade the regional publisher to break its contract with the independent bookstore and supply them exclusively instead, by implying future business opportunities and subtly hinting at potential regulatory scrutiny of the publisher’s practices if they didn’t comply. Subsequently, the publisher, citing a need to expand its reach and fearing potential complications, terminated its agreement with the independent bookstore, causing it substantial financial loss. Which of the following legal avenues, based on Idaho tort law principles, would be most appropriate for the independent bookstore to pursue against the national bookstore chain for the loss of its exclusive supply agreement?
Correct
In Idaho, the tort of intentional interference with contractual relations requires proof of several elements. The plaintiff must demonstrate the existence of a valid contract, the defendant’s knowledge of that contract, and the defendant’s intentional and improper conduct that induced a breach or termination of the contract, and resulting damages. Improper conduct can be established by showing that the defendant acted with malice, or by using unlawful means to interfere with the contract. Idaho law, as interpreted through case law, often looks at the nature of the defendant’s actions and their intent. For instance, simply outcompeting a business is not tortious interference. However, if the interference involves fraudulent misrepresentation or threats, it likely constitutes improper conduct. The damages must be a direct and foreseeable consequence of the defendant’s actions. This tort protects the stability of contractual relationships from unjustified external disruption. The analysis focuses on whether the defendant’s actions were aimed at causing a breach and whether those actions exceeded the bounds of fair competition or legitimate business dealings within Idaho.
Incorrect
In Idaho, the tort of intentional interference with contractual relations requires proof of several elements. The plaintiff must demonstrate the existence of a valid contract, the defendant’s knowledge of that contract, and the defendant’s intentional and improper conduct that induced a breach or termination of the contract, and resulting damages. Improper conduct can be established by showing that the defendant acted with malice, or by using unlawful means to interfere with the contract. Idaho law, as interpreted through case law, often looks at the nature of the defendant’s actions and their intent. For instance, simply outcompeting a business is not tortious interference. However, if the interference involves fraudulent misrepresentation or threats, it likely constitutes improper conduct. The damages must be a direct and foreseeable consequence of the defendant’s actions. This tort protects the stability of contractual relationships from unjustified external disruption. The analysis focuses on whether the defendant’s actions were aimed at causing a breach and whether those actions exceeded the bounds of fair competition or legitimate business dealings within Idaho.
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                        Question 22 of 30
22. Question
Consider a scenario in Idaho where a supervisor, during an employee’s annual performance review, makes disparaging remarks about the employee’s personal life and marital status, stating, “You’re clearly struggling to manage your own life, which explains why your project management skills are so lacking. Perhaps if you focused less on your personal drama and more on your work, you wouldn’t be in this position.” The employee, who had recently gone through a difficult divorce, felt deeply humiliated and anxious, experiencing sleepless nights and a loss of appetite for several weeks following the review. Under Idaho tort law, what is the most likely outcome regarding a claim for intentional infliction of emotional distress?
Correct
In Idaho, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intended to cause, or with reckless disregard of the probability of causing, severe emotional distress. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community. Mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities do not rise to the level of extreme and outrageous conduct. The emotional distress suffered must also be severe, meaning it must be more than mere temporary discomfort or embarrassment. The plaintiff must demonstrate that a reasonable person in the plaintiff’s position, considering the circumstances, would be unable to endure it. In this scenario, while the employer’s actions were certainly unprofessional and potentially harassing, they do not appear to meet the high threshold for extreme and outrageous conduct required for IIED in Idaho. The employer’s comments, though offensive and inappropriate, were made in the context of a performance review and did not involve a prolonged campaign of harassment or threats of physical harm. The employee’s distress, while understandable, is not described as so severe as to be beyond the bounds of what a reasonable person could endure. Therefore, without conduct that is truly atrocious and utterly intolerable, an IIED claim would likely fail.
Incorrect
In Idaho, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intended to cause, or with reckless disregard of the probability of causing, severe emotional distress. The conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community. Mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities do not rise to the level of extreme and outrageous conduct. The emotional distress suffered must also be severe, meaning it must be more than mere temporary discomfort or embarrassment. The plaintiff must demonstrate that a reasonable person in the plaintiff’s position, considering the circumstances, would be unable to endure it. In this scenario, while the employer’s actions were certainly unprofessional and potentially harassing, they do not appear to meet the high threshold for extreme and outrageous conduct required for IIED in Idaho. The employer’s comments, though offensive and inappropriate, were made in the context of a performance review and did not involve a prolonged campaign of harassment or threats of physical harm. The employee’s distress, while understandable, is not described as so severe as to be beyond the bounds of what a reasonable person could endure. Therefore, without conduct that is truly atrocious and utterly intolerable, an IIED claim would likely fail.
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                        Question 23 of 30
23. Question
Anya Petrova, a resident of Boise, Idaho, had repeatedly reported her neighbor’s German Shepherd to local animal control due to its aggressive tendencies and history of escaping its enclosure. Despite these reports, the animal control agency failed to take decisive action. One afternoon, Anya was tending her garden when she witnessed the neighbor’s dog breach its fence, enter her yard, and viciously attack and kill her beloved cat, Mittens. Anya was not physically harmed by the dog but suffered severe emotional distress, including panic attacks and insomnia, as a result of witnessing the brutal attack on her pet. Anya is now considering a lawsuit against the animal control agency for negligent infliction of emotional distress. What is the most likely outcome of Anya’s claim under Idaho tort law?
Correct
The scenario involves a potential claim for negligent infliction of emotional distress (NIED) in Idaho. For NIED to apply, the plaintiff must generally prove that the defendant’s negligence caused them to suffer severe emotional distress and that the distress manifested in physical symptoms. Idaho law, like many jurisdictions, often requires the plaintiff to be within the “zone of danger” or to have a close familial relationship with the victim whose injury caused the distress. In this case, Ms. Anya Petrova witnessed her neighbor’s dog, which she had previously reported for aggressive behavior to animal control, maul her own cat. While the emotional distress is evident, the key legal question is whether Idaho law recognizes a claim for NIED for witnessing harm to a pet, even if the pet owner suffers severe emotional distress. Idaho’s Supreme Court has not explicitly extended NIED to cover emotional distress from witnessing harm to pets. While the emotional bond can be profound, legal precedent in Idaho generally requires a human victim or a direct threat of physical harm to the plaintiff to establish a NIED claim. The negligent act of failing to properly confine a known dangerous animal is established. The severe emotional distress and physical manifestations are also present. However, the absence of a human victim and the lack of a direct threat of physical harm to Ms. Petrova herself, in the context of the animal’s actions, means that the claim for NIED, as typically understood in Idaho tort law, would likely fail. The closest analogy might be intentional infliction of emotional distress, but that requires extreme and outrageous conduct, which is not clearly met by mere negligence in animal control. Therefore, without a specific Idaho statute or a precedent that extends NIED to the witnessing of harm to a pet, the claim would not be actionable under NIED principles.
Incorrect
The scenario involves a potential claim for negligent infliction of emotional distress (NIED) in Idaho. For NIED to apply, the plaintiff must generally prove that the defendant’s negligence caused them to suffer severe emotional distress and that the distress manifested in physical symptoms. Idaho law, like many jurisdictions, often requires the plaintiff to be within the “zone of danger” or to have a close familial relationship with the victim whose injury caused the distress. In this case, Ms. Anya Petrova witnessed her neighbor’s dog, which she had previously reported for aggressive behavior to animal control, maul her own cat. While the emotional distress is evident, the key legal question is whether Idaho law recognizes a claim for NIED for witnessing harm to a pet, even if the pet owner suffers severe emotional distress. Idaho’s Supreme Court has not explicitly extended NIED to cover emotional distress from witnessing harm to pets. While the emotional bond can be profound, legal precedent in Idaho generally requires a human victim or a direct threat of physical harm to the plaintiff to establish a NIED claim. The negligent act of failing to properly confine a known dangerous animal is established. The severe emotional distress and physical manifestations are also present. However, the absence of a human victim and the lack of a direct threat of physical harm to Ms. Petrova herself, in the context of the animal’s actions, means that the claim for NIED, as typically understood in Idaho tort law, would likely fail. The closest analogy might be intentional infliction of emotional distress, but that requires extreme and outrageous conduct, which is not clearly met by mere negligence in animal control. Therefore, without a specific Idaho statute or a precedent that extends NIED to the witnessing of harm to a pet, the claim would not be actionable under NIED principles.
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                        Question 24 of 30
24. Question
Consider a scenario in Idaho where Ms. Anya Sharma engaged Mr. Ben Carter, an independent contractor, to construct a new deck at her residence. Mr. Carter, while working, negligently left a substantial pile of lumber and construction tools unattended in a common walkway adjacent to Ms. Sharma’s property, a path regularly used by neighbors. Mr. David Lee, a neighbor, while walking along this common walkway at dusk, tripped over the carelessly placed lumber and suffered significant physical injuries. What is the most accurate assessment of liability for Mr. Lee’s injuries under Idaho tort law, given these circumstances?
Correct
The scenario describes a situation where a homeowner, Ms. Anya Sharma, is constructing a new deck. She hires a contractor, Mr. Ben Carter, to perform the work. During the construction, Mr. Carter negligently leaves a pile of lumber and tools in a common walkway adjacent to Ms. Sharma’s property, which is frequently used by neighbors. Mr. David Lee, a neighbor, while walking on this common walkway at dusk, trips over the lumber and sustains injuries. Idaho law, like many jurisdictions, imposes a duty of care on landowners and those acting on their behalf to maintain their premises in a reasonably safe condition to prevent foreseeable harm to lawful visitors and, in certain circumstances, to those who may be present on adjacent areas. The doctrine of premises liability, particularly as it pertains to the duty owed to licensees and invitees, is relevant here. However, the question focuses on the liability arising from the contractor’s actions that create a hazard on a public or commonly used path, which extends beyond simple premises liability to encompass general negligence principles. Mr. Carter’s actions constitute a breach of his duty of care to perform his work in a reasonably safe manner, avoiding foreseeable risks to others. The lumber and tools left in the walkway represent a dangerous condition. The foreseeability of harm is established by the fact that the walkway is commonly used, and the hazard is present during a time of reduced visibility (dusk). Mr. Lee’s injury is a direct and proximate result of Mr. Carter’s negligent placement of the materials. Therefore, Mr. Carter is directly liable for the damages Mr. Lee sustained. Ms. Sharma’s liability, if any, would typically be based on vicarious liability for the actions of her independent contractor, Mr. Carter. However, under Idaho law, a homeowner is generally not liable for the negligent acts of an independent contractor unless the work is inherently dangerous, the homeowner retains significant control over the manner of performance, or the homeowner is negligent in selecting the contractor. In this case, the construction of a deck, while requiring skill, is not typically considered inherently dangerous in a way that would impose strict liability on the homeowner for the contractor’s negligence in creating a temporary hazard. Furthermore, the prompt does not suggest Ms. Sharma retained control or was negligent in hiring. Thus, the primary liability rests with the party whose direct actions created the hazard and caused the injury. The question asks who is liable for Mr. Lee’s injuries. Mr. Carter’s direct negligence in creating the hazardous condition that caused the tripping and subsequent injuries makes him primarily liable. Ms. Sharma’s liability is secondary and contingent on factors not established in the scenario, such as retention of control or negligent hiring, which are not indicated. Therefore, Mr. Carter is the party directly responsible.
Incorrect
The scenario describes a situation where a homeowner, Ms. Anya Sharma, is constructing a new deck. She hires a contractor, Mr. Ben Carter, to perform the work. During the construction, Mr. Carter negligently leaves a pile of lumber and tools in a common walkway adjacent to Ms. Sharma’s property, which is frequently used by neighbors. Mr. David Lee, a neighbor, while walking on this common walkway at dusk, trips over the lumber and sustains injuries. Idaho law, like many jurisdictions, imposes a duty of care on landowners and those acting on their behalf to maintain their premises in a reasonably safe condition to prevent foreseeable harm to lawful visitors and, in certain circumstances, to those who may be present on adjacent areas. The doctrine of premises liability, particularly as it pertains to the duty owed to licensees and invitees, is relevant here. However, the question focuses on the liability arising from the contractor’s actions that create a hazard on a public or commonly used path, which extends beyond simple premises liability to encompass general negligence principles. Mr. Carter’s actions constitute a breach of his duty of care to perform his work in a reasonably safe manner, avoiding foreseeable risks to others. The lumber and tools left in the walkway represent a dangerous condition. The foreseeability of harm is established by the fact that the walkway is commonly used, and the hazard is present during a time of reduced visibility (dusk). Mr. Lee’s injury is a direct and proximate result of Mr. Carter’s negligent placement of the materials. Therefore, Mr. Carter is directly liable for the damages Mr. Lee sustained. Ms. Sharma’s liability, if any, would typically be based on vicarious liability for the actions of her independent contractor, Mr. Carter. However, under Idaho law, a homeowner is generally not liable for the negligent acts of an independent contractor unless the work is inherently dangerous, the homeowner retains significant control over the manner of performance, or the homeowner is negligent in selecting the contractor. In this case, the construction of a deck, while requiring skill, is not typically considered inherently dangerous in a way that would impose strict liability on the homeowner for the contractor’s negligence in creating a temporary hazard. Furthermore, the prompt does not suggest Ms. Sharma retained control or was negligent in hiring. Thus, the primary liability rests with the party whose direct actions created the hazard and caused the injury. The question asks who is liable for Mr. Lee’s injuries. Mr. Carter’s direct negligence in creating the hazardous condition that caused the tripping and subsequent injuries makes him primarily liable. Ms. Sharma’s liability is secondary and contingent on factors not established in the scenario, such as retention of control or negligent hiring, which are not indicated. Therefore, Mr. Carter is the party directly responsible.
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                        Question 25 of 30
25. Question
A lumber supplier in Coeur d’Alene, Idaho, had a stable, long-term contract with a construction firm for the regular delivery of specialized timber. A competing lumber supplier, aware of this contract, began disseminating false and malicious rumors within the construction industry, specifically alleging that the first supplier’s timber was structurally unsound and prone to rapid decay, despite knowing these claims were untrue. These defamatory statements directly caused the construction firm to terminate its contract with the first supplier due to concerns about liability and project integrity, and also dissuaded several other potential clients from entering into similar supply agreements. What is the most accurate legal characterization of the competing supplier’s conduct in Idaho tort law, concerning the impact on the first supplier’s business relationships?
Correct
In Idaho, the tort of intentional interference with contractual relations requires a plaintiff to prove four elements: (1) the existence of a valid contractual relationship or business expectancy; (2) the defendant’s knowledge of the relationship or expectancy; (3) the defendant’s intentional and improper interference with that relationship or expectancy; and (4) resultant damage. Idaho law emphasizes that the interference must be “improper.” This impropriety can stem from various factors, including the nature of the defendant’s conduct, the defendant’s motive, and the interests sought by the defendant. For instance, if a party acts with the sole purpose of harming another’s business, or if their actions are independently wrongful (e.g., involve fraud, defamation, or unlawful restraint of trade), the interference is more likely to be deemed improper. Conversely, competing in the marketplace, even if it causes a third party to breach a contract with the plaintiff, is generally not considered improper if the competition is fair and lawful. The analysis focuses on whether the defendant’s conduct transcends the bounds of legitimate competition. In this scenario, the defendant’s actions of spreading demonstrably false and damaging rumors about the plaintiff’s product quality, which directly led to the cancellation of existing supply contracts and deterred new ones, constitute a form of defamation and malicious falsehood, making the interference with contractual relations improper under Idaho law. The defendant’s motive, as evidenced by the desire to gain market share through such underhanded tactics, further supports the finding of impropriety.
Incorrect
In Idaho, the tort of intentional interference with contractual relations requires a plaintiff to prove four elements: (1) the existence of a valid contractual relationship or business expectancy; (2) the defendant’s knowledge of the relationship or expectancy; (3) the defendant’s intentional and improper interference with that relationship or expectancy; and (4) resultant damage. Idaho law emphasizes that the interference must be “improper.” This impropriety can stem from various factors, including the nature of the defendant’s conduct, the defendant’s motive, and the interests sought by the defendant. For instance, if a party acts with the sole purpose of harming another’s business, or if their actions are independently wrongful (e.g., involve fraud, defamation, or unlawful restraint of trade), the interference is more likely to be deemed improper. Conversely, competing in the marketplace, even if it causes a third party to breach a contract with the plaintiff, is generally not considered improper if the competition is fair and lawful. The analysis focuses on whether the defendant’s conduct transcends the bounds of legitimate competition. In this scenario, the defendant’s actions of spreading demonstrably false and damaging rumors about the plaintiff’s product quality, which directly led to the cancellation of existing supply contracts and deterred new ones, constitute a form of defamation and malicious falsehood, making the interference with contractual relations improper under Idaho law. The defendant’s motive, as evidenced by the desire to gain market share through such underhanded tactics, further supports the finding of impropriety.
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                        Question 26 of 30
26. Question
Consider a scenario in Idaho where Mr. Sterling, a renowned artisan, has an exclusive contract with “The Gemstone Emporium” to supply all his handcrafted jewelry for a period of two years. Ms. Albright, the owner of a competing boutique, “Alpine Adornments,” learns of this exclusive agreement. Ms. Albright then approaches Mr. Sterling and proposes a separate, non-exclusive agreement for him to supply her with a different type of raw gemstone material, which Mr. Sterling also procures. Mr. Sterling, finding the logistics of supplying Ms. Albright more convenient, begins to prioritize her orders, causing delays in his deliveries to “The Gemstone Emporium.” “The Gemstone Emporium” subsequently sues Ms. Albright for intentional interference with contractual relations. Under Idaho tort law, what is the most likely outcome regarding Ms. Albright’s liability?
Correct
In Idaho, the tort of intentional interference with contractual relations requires proof of: (1) a valid contract existed between the plaintiff and a third party; (2) the defendant knew of the contract; (3) the defendant intentionally and without justification induced the third party to breach the contract; and (4) damages resulted from the breach. The critical element here is the defendant’s intent to induce a breach, coupled with a lack of justification. Simply knowing about a contract and acting in a way that incidentally causes a breach is not enough. The defendant’s actions must be directed at causing the breach. In this scenario, while Ms. Albright was aware of the exclusive agreement between Mr. Sterling and “The Gemstone Emporium,” her actions were focused on securing a different, non-exclusive supply of raw materials from Mr. Sterling for her own business, “Alpine Adornments.” Her negotiation for a separate, albeit competing, supply agreement does not, in itself, demonstrate an intent to disrupt the existing contract between Mr. Sterling and “The Gemstone Emporium.” Idaho law, as interpreted in cases like *W.R. v. K.K.*, emphasizes that the interference must be intentional and improper, not merely a consequence of legitimate business competition. Ms. Albright’s pursuit of her own business interests, even if it leads to Mr. Sterling prioritizing her orders due to convenience or volume, does not automatically equate to intentionally causing him to breach his exclusive agreement with “The Gemstone Emporium.” The focus remains on her motive and direct actions towards causing a breach, which are not clearly established by the facts presented.
Incorrect
In Idaho, the tort of intentional interference with contractual relations requires proof of: (1) a valid contract existed between the plaintiff and a third party; (2) the defendant knew of the contract; (3) the defendant intentionally and without justification induced the third party to breach the contract; and (4) damages resulted from the breach. The critical element here is the defendant’s intent to induce a breach, coupled with a lack of justification. Simply knowing about a contract and acting in a way that incidentally causes a breach is not enough. The defendant’s actions must be directed at causing the breach. In this scenario, while Ms. Albright was aware of the exclusive agreement between Mr. Sterling and “The Gemstone Emporium,” her actions were focused on securing a different, non-exclusive supply of raw materials from Mr. Sterling for her own business, “Alpine Adornments.” Her negotiation for a separate, albeit competing, supply agreement does not, in itself, demonstrate an intent to disrupt the existing contract between Mr. Sterling and “The Gemstone Emporium.” Idaho law, as interpreted in cases like *W.R. v. K.K.*, emphasizes that the interference must be intentional and improper, not merely a consequence of legitimate business competition. Ms. Albright’s pursuit of her own business interests, even if it leads to Mr. Sterling prioritizing her orders due to convenience or volume, does not automatically equate to intentionally causing him to breach his exclusive agreement with “The Gemstone Emporium.” The focus remains on her motive and direct actions towards causing a breach, which are not clearly established by the facts presented.
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                        Question 27 of 30
27. Question
A former employee in Idaho, Bartholomew, bombarded his ex-supervisor, Agnes, with a relentless barrage of anonymous, graphically violent, and psychologically disturbing emails over a two-month period. Bartholomew was aware that Agnes suffered from a pre-existing anxiety disorder, and he specifically tailored the content of the emails to exploit this vulnerability, aiming to induce severe mental anguish. Agnes subsequently experienced a significant worsening of her anxiety, requiring intensive psychological therapy and causing her to suffer frequent panic attacks and debilitating insomnia. While the emails did not contain explicit threats of immediate physical harm, their persistent, intimate, and deeply unsettling nature was designed solely to terrorize Agnes psychologically. Under Idaho tort law, what is the most likely outcome regarding Agnes’s claim for intentional infliction of emotional distress?
Correct
In Idaho, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intended to cause, or recklessly disregarding the probability of causing, severe emotional distress. The conduct must be so outrageous in character, and so reckless in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Idaho follows the Restatement (Second) of Torts § 46 for this tort. The distress inflicted must be severe, meaning it must be of such a kind that no reasonable person could be expected to endure it. This is an objective standard. Consider a scenario where a disgruntled former employee, Bartholomew, repeatedly sends anonymous, highly disturbing emails to his former supervisor, Agnes, detailing graphic and violent fantasies involving Agnes and her family. These emails are sent daily for two months, and Bartholomew is aware that Agnes has a pre-existing anxiety disorder. Agnes, upon receiving these emails, experiences a significant exacerbation of her anxiety, leading to panic attacks, insomnia, and a need for professional psychological treatment. The emails, while disturbing and clearly intended to cause distress, do not contain any direct threats of physical harm and are designed to be psychologically tormenting rather than overtly menacing in a way that would immediately suggest imminent physical danger. To establish IIED in Idaho, Agnes must demonstrate that Bartholomew’s conduct was extreme and outrageous. While the content of the emails is undeniably disturbing, the lack of direct threats of physical violence, coupled with the anonymous nature of the communication, might make it difficult to meet the high threshold of “utterly intolerable in a civilized community” without further context or a pattern of conduct that escalates beyond psychological harassment. However, the repeated nature of the emails, their graphic content, and Bartholomew’s knowledge of Agnes’s pre-existing condition, which he exploited, weigh in favor of finding the conduct outrageous. The severity of Agnes’s distress is supported by her need for professional treatment and the documented exacerbation of her anxiety disorder. The intent element is satisfied by Bartholomew’s knowledge of the likely effect of his actions on Agnes. Therefore, while the conduct is severe, the question hinges on whether it crosses the “extreme and outrageous” threshold in Idaho law, particularly when the threats are psychological rather than physical. Given the persistent, targeted, and psychologically manipulative nature of the conduct, coupled with the exploitation of a known vulnerability, a court could find this meets the standard.
Incorrect
In Idaho, the tort of intentional infliction of emotional distress (IIED) requires proof of extreme and outrageous conduct, intended to cause, or recklessly disregarding the probability of causing, severe emotional distress. The conduct must be so outrageous in character, and so reckless in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Idaho follows the Restatement (Second) of Torts § 46 for this tort. The distress inflicted must be severe, meaning it must be of such a kind that no reasonable person could be expected to endure it. This is an objective standard. Consider a scenario where a disgruntled former employee, Bartholomew, repeatedly sends anonymous, highly disturbing emails to his former supervisor, Agnes, detailing graphic and violent fantasies involving Agnes and her family. These emails are sent daily for two months, and Bartholomew is aware that Agnes has a pre-existing anxiety disorder. Agnes, upon receiving these emails, experiences a significant exacerbation of her anxiety, leading to panic attacks, insomnia, and a need for professional psychological treatment. The emails, while disturbing and clearly intended to cause distress, do not contain any direct threats of physical harm and are designed to be psychologically tormenting rather than overtly menacing in a way that would immediately suggest imminent physical danger. To establish IIED in Idaho, Agnes must demonstrate that Bartholomew’s conduct was extreme and outrageous. While the content of the emails is undeniably disturbing, the lack of direct threats of physical violence, coupled with the anonymous nature of the communication, might make it difficult to meet the high threshold of “utterly intolerable in a civilized community” without further context or a pattern of conduct that escalates beyond psychological harassment. However, the repeated nature of the emails, their graphic content, and Bartholomew’s knowledge of Agnes’s pre-existing condition, which he exploited, weigh in favor of finding the conduct outrageous. The severity of Agnes’s distress is supported by her need for professional treatment and the documented exacerbation of her anxiety disorder. The intent element is satisfied by Bartholomew’s knowledge of the likely effect of his actions on Agnes. Therefore, while the conduct is severe, the question hinges on whether it crosses the “extreme and outrageous” threshold in Idaho law, particularly when the threats are psychological rather than physical. Given the persistent, targeted, and psychologically manipulative nature of the conduct, coupled with the exploitation of a known vulnerability, a court could find this meets the standard.
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                        Question 28 of 30
28. Question
A proprietor of a small independent bookstore in Boise, Idaho, discovered that a large national chain bookstore, which had recently opened across the street, had been actively contacting the proprietor’s regular customers. The chain’s representatives were offering significant discounts and exclusive loyalty program benefits to these customers, explicitly encouraging them to cancel their existing pre-orders with the independent bookstore and place them with the chain instead. The proprietor subsequently experienced a substantial drop in sales and a significant number of cancelled pre-orders, directly attributable to the chain’s solicitations. What legal claim, if any, would the proprietor most likely have against the national chain bookstore under Idaho tort law?
Correct
In Idaho, the tort of intentional interference with contractual relations requires the plaintiff to prove: (1) the existence of a valid and enforceable contract between the plaintiff and a third party; (2) the defendant’s knowledge of the contract; (3) the defendant’s intentional and improper interference with the contract, which induces the third party to breach or prevent performance; and (4) resulting damages to the plaintiff. The “improper” nature of the interference is a key element, often assessed by considering factors such as the defendant’s motive, the nature of the conduct, the relationship between the parties, and the interests sought to be protected. Idaho law, as reflected in cases interpreting this tort, emphasizes that mere competition, even if it leads to a breach of contract, is not necessarily improper. The interference must go beyond the bounds of fair competition. For instance, if a party uses fraudulent misrepresentations or threats to induce a breach, that conduct would likely be deemed improper. Conversely, if a party simply offers a better deal to a contracting party, and that party voluntarily switches, the interference might not be considered improper if it’s within the scope of legitimate business practices. The burden of proof rests on the plaintiff to establish each element of the tort.
Incorrect
In Idaho, the tort of intentional interference with contractual relations requires the plaintiff to prove: (1) the existence of a valid and enforceable contract between the plaintiff and a third party; (2) the defendant’s knowledge of the contract; (3) the defendant’s intentional and improper interference with the contract, which induces the third party to breach or prevent performance; and (4) resulting damages to the plaintiff. The “improper” nature of the interference is a key element, often assessed by considering factors such as the defendant’s motive, the nature of the conduct, the relationship between the parties, and the interests sought to be protected. Idaho law, as reflected in cases interpreting this tort, emphasizes that mere competition, even if it leads to a breach of contract, is not necessarily improper. The interference must go beyond the bounds of fair competition. For instance, if a party uses fraudulent misrepresentations or threats to induce a breach, that conduct would likely be deemed improper. Conversely, if a party simply offers a better deal to a contracting party, and that party voluntarily switches, the interference might not be considered improper if it’s within the scope of legitimate business practices. The burden of proof rests on the plaintiff to establish each element of the tort.
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                        Question 29 of 30
29. Question
Consider a situation in Idaho where Mr. Abernathy negligently parks his delivery truck partially obstructing a rural county road, violating Idaho traffic regulations regarding parking safety. While Mr. Abernathy is inside a nearby farm to make a delivery, Ms. Gable, driving her vehicle at an excessive speed, suddenly and inexplicably swerves her car violently to the right, claiming she saw a phantom deer, and crashes into the rear of Mr. Abernathy’s parked truck. Mr. Abernathy, who had just exited his truck to check on a noise, is struck by the impact and sustains injuries. Under Idaho tort principles, which of the following best describes the legal relationship between Mr. Abernathy’s initial negligent parking and his subsequent injuries?
Correct
The core issue here revolves around the concept of proximate cause in Idaho tort law, specifically the interplay between an original negligent act and a subsequent superseding cause. In Idaho, for a defendant’s negligence to be the proximate cause of a plaintiff’s injury, the injury must be a foreseeable consequence of the defendant’s actions. A superseding cause is an intervening event that breaks the chain of causation, rendering the original defendant’s negligence no longer the proximate cause of the harm. Foreseeability is the key determinant. If the intervening event was unforeseeable, it will likely be considered a superseding cause. In this scenario, while the initial negligent parking of the truck by Mr. Abernathy created a hazardous condition, the subsequent, highly unusual, and unforeseeable action of Ms. Gable intentionally swerving her vehicle at high speed to avoid a non-existent phantom animal, directly leading to the collision with the parked truck and injury to Mr. Abernathy, constitutes an intervening act that is not a foreseeable consequence of the initial negligent parking. Ms. Gable’s actions are so extraordinary and disconnected from the risk created by the improperly parked truck that they serve to break the chain of proximate causation. Therefore, Mr. Abernathy’s negligence in parking is not the proximate cause of Mr. Abernathy’s injuries.
Incorrect
The core issue here revolves around the concept of proximate cause in Idaho tort law, specifically the interplay between an original negligent act and a subsequent superseding cause. In Idaho, for a defendant’s negligence to be the proximate cause of a plaintiff’s injury, the injury must be a foreseeable consequence of the defendant’s actions. A superseding cause is an intervening event that breaks the chain of causation, rendering the original defendant’s negligence no longer the proximate cause of the harm. Foreseeability is the key determinant. If the intervening event was unforeseeable, it will likely be considered a superseding cause. In this scenario, while the initial negligent parking of the truck by Mr. Abernathy created a hazardous condition, the subsequent, highly unusual, and unforeseeable action of Ms. Gable intentionally swerving her vehicle at high speed to avoid a non-existent phantom animal, directly leading to the collision with the parked truck and injury to Mr. Abernathy, constitutes an intervening act that is not a foreseeable consequence of the initial negligent parking. Ms. Gable’s actions are so extraordinary and disconnected from the risk created by the improperly parked truck that they serve to break the chain of proximate causation. Therefore, Mr. Abernathy’s negligence in parking is not the proximate cause of Mr. Abernathy’s injuries.
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                        Question 30 of 30
30. Question
Elara, residing in Boise, Idaho, was at a local farmers market when she received a frantic phone call informing her that her cousin, Finn, who was driving on a nearby highway, had been involved in a serious car accident. Elara immediately drove to the accident scene, arriving shortly after the first responders. She found Finn being loaded into an ambulance, visibly injured and in pain. Witnessing Finn’s condition and the extent of the damage to his vehicle caused Elara severe emotional distress, leading to a diagnosed anxiety disorder. Elara now wishes to pursue a claim for negligent infliction of emotional distress against the driver who caused the accident. Under Idaho tort law, what is the most likely outcome for Elara’s claim?
Correct
The scenario describes a situation involving a potential claim for negligent infliction of emotional distress (NIED) in Idaho. For a bystander claim of NIED, Idaho generally requires the plaintiff to satisfy specific criteria. These criteria, derived from common law principles and often codified or clarified by case law, typically include: 1) the plaintiff must be located so close to the incident that they are able to see or hear it; 2) the plaintiff’s emotional distress must result from the contemporaneous observance of the injury to a close relative; and 3) the plaintiff and the injured person must be closely related. In this case, while Elara was present at the scene and experienced emotional distress, the critical missing element is the direct witnessing of an injury to a close relative. Elara did not witness the initial car crash that injured her cousin, Finn. Her distress arose from Finn’s subsequent condition and the general circumstances, not from the direct sensory perception of Finn being harmed. Idaho law, like many jurisdictions, is cautious about expanding NIED claims beyond these established parameters to avoid opening the floodgates to potentially unlimited claims. Therefore, Elara’s claim would likely fail because she did not contemporaneously observe Finn’s injury-causing event. The emotional distress must stem from the shock of witnessing the accident itself, not from learning about it afterward or seeing the aftermath.
Incorrect
The scenario describes a situation involving a potential claim for negligent infliction of emotional distress (NIED) in Idaho. For a bystander claim of NIED, Idaho generally requires the plaintiff to satisfy specific criteria. These criteria, derived from common law principles and often codified or clarified by case law, typically include: 1) the plaintiff must be located so close to the incident that they are able to see or hear it; 2) the plaintiff’s emotional distress must result from the contemporaneous observance of the injury to a close relative; and 3) the plaintiff and the injured person must be closely related. In this case, while Elara was present at the scene and experienced emotional distress, the critical missing element is the direct witnessing of an injury to a close relative. Elara did not witness the initial car crash that injured her cousin, Finn. Her distress arose from Finn’s subsequent condition and the general circumstances, not from the direct sensory perception of Finn being harmed. Idaho law, like many jurisdictions, is cautious about expanding NIED claims beyond these established parameters to avoid opening the floodgates to potentially unlimited claims. Therefore, Elara’s claim would likely fail because she did not contemporaneously observe Finn’s injury-causing event. The emotional distress must stem from the shock of witnessing the accident itself, not from learning about it afterward or seeing the aftermath.