Exam Rules - Trots Flashcards
What is the standard of proof for IIED
Clear and convincing evidence
Who does the VA Good Samaritan law protect
Protects people rendering: (1) emergency care, in good faith, without compensation; (2) emergency obstetrical care when the pregnant woman’s medical records are not readily available, unless the care constituted gross negligence; (3) emergency assistance to injured animals at the scene of the emergency; and (4) emergency personnel while operating an emergency vehicle en route to an emergency so long as they (i) comply with warning lights and siren laws, and (ii) act without gross negligence or willful or wanton misconduct
What types of employer liability does VA recognize
VA does NOT recognize (1) failure to supervise or train. VA does recognize negligent hiring and retention if employer knew/should have know employee was dangerous
What is VA law on attractive nuisance
The attractive nuisance doctrine has been repudiated in Virginia, but a landowner may be held liable for leaving a hidden danger on his property that is (i) easily accessible to children and (ii) known to be frequented by children
What standard is used in malpractice cases
Physicians are held to the standard of other physicians and specialists in VA; a locality standard can be applied if shown to be more appropriate
What is the VA limit on personal injury damages
$2.25 million, increasing by $50,000 annually
What is the collateral source rule
Benefits from outside sources (P’s insurance) not credited against D’s liability; payment by D’s insurer are not from a collateral source and are credited against D’s liability
How much can a parent be liable for their child’s malicious acts
Up to $2,500
Are exculpatory clauses valid
contract provisions that purport to release D from liability for personal injury caused by D’s future negligence are prohibited; release from liability for property damage caused by D’s future negligence is enforceable
Is there strict products liability in VA
No, the plaintiff can proceed under negligence or warranty theories
What is the VA rule for broadcaster liability in libel suits
Broadcasters are only liable for a defamatory statement made by a third party in a radio or television broadcast when the broadcasters fail to exercise due care to prevent the statement from being broadcast; broadcasters are NOT liable for defamatory statements made by or on behalf of political candidates
Which privacy torts does VA recognize
(1) misappropriation of right to publicity and (2) public disclosure of private fact
When does last clear chance apply
As a rebuttal to contributory negligence, P’s contributory negligence does not bar recovery if (i) P placed himself in peril and cannot escape, (ii) D saw and realized (or should have seen and realized) the peril, and (iii) D could have avoided accident using ordinary care.
What does intentional interference with a contract consist of
(1) D knew of valid contractual relationship between P and third party (2) D intentionally interfered with contract in a way that substantially exceeds fair competition and free expression, resulting in a breach and (3) Breach caused damages to P
