General Considerations

Question 1

When does a property owner responsible for the acts or omissions of an independent contractor he has hired?

Answer 1

When the property owner has retained control over the manner in which the work was done.

Question 2

In PA, a car owner will not be held vicariously liable for the driver’s torts UNLESS the driver . . .

Answer 2

Was unlicensed and was given permission by the owner to drive.

Question 3

Parents may be liable for up to $_______ in damages for the tortious acts of their minor children.

Answer 3

$2,500

Question 4

It is NOT unlawful to supply alcohol to insane persons or to “habitual drunkards or persons of known intemperate habits” UNLESS they are what or what?

Answer 4

Minors or visibly intoxicated

Question 5

Adult social hosts are only liable for serving minors when done so . . .

Answer 5

Knowingly (actual knowledge)

Question 6

There is/isn’t social host liability for serving alcohol to an intoxicated adult.

Answer 6

Isn’t

Question 7

In PA, joint and several liability only exists against defendants who are found liable for _______________ or more of the total liability.

Answer 7

60%

Question 8

Joint and Several Liability has been retained for these 4 case types:

Answer 8

Fraud

Intentional Torts

Dram Shop Act Violations

Violations of the Hazardous Site Cleanup Act

Question 9

In PA, a release of one tortfeasor does not discharge the other tortfeasors UNLESS . . .

Answer 9

expressly provided in the release agreement

Question 10

A settling tortfeasor can seek contribution from the other tortfeasors when? When can he not?

Answer 10

Can when the others’ liability has been extinguished by the settlement

Cannot when the other’s liability has NOT been extinguished by the settlement

Question 11

PA has both a survival act and a wrongful death act. To avoid duplicate recovery, a plaintiff must . . .

Answer 11

Combine the actions in one suit.

Question 12

PA retains gov’t immunity except for actions falling within the following 8 categories:

Answer 12

Vehicle Liability

Care, custody, or control of personal property

Real propery

Trees, traffic controls, and street lighting

Utility service facilities

Streets

Sidewalks

Care, custody, or control of animals

Question 13

PA gov’t immunity statute applies to injury to person or property based only on tort law; it does NOT extend to contract actions where the focus is on the protection of . . .

Answer 13

Bargained-for expectations

Question 14

T or F: In PA, any public official acting pursuant to a court directive is immune from a tort action for false arrest.

Answer 14

T

Question 15

Charitable immunity does/doesn’t exist in PA.

Answer 15

Doesn’t