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Torts > General Torts > Flashcards

General Torts Flashcards

1
Q

Torts - Concept

A

Civil wrong, other than breach of contract, for which remedy may be obtained

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2
Q

Torts - Theories for Liability (3)

A
  1. Intentional Torts
  2. Negligence
  3. Strict Liability
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3
Q

Torts - Heightened Susceptibility of P Rule

A

D takes P as he finds him

  • Liable for any kind of harm suffered by P bc of special condition, even if unexpected
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4
Q

Torts - Imperfect Parties - Children - Gral Rule of Liability

A

Children always laibles for own torts

  • parents liaiblity depend of activity and staturot limits
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5
Q

Torts - Imperfect Parties - Children - Parent’s Liability - SAD

A

Exception for parents liability for children torts:

  • Nelgigently fails to supervise when knowing of children’s dangerous proclivity
  • Child as agent of parents and pursuing family economic matter
  • Dangerous instrumentality provided (ownership irrelevant) to the child despite of of awareness of lack of sufficent maturity to appreciate or control the involved danger
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6
Q

Torts - Imperfect Parties - Children -Age Statutory Limitations

A

Usual:

  • <7y/o: lacks cognitive ability to be in fault (no N possible, IT is possible)
  • 7-14: rebuttable presumption of incapacity to be N
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7
Q

Torts - Imperfect Parties - Unusual Mental Attributes / what, gral rule of capacity

A
  • i.e. retarded, ill, hot-tempered, careless, etc
  • Gral rule: Capacity established according to ordinary prudent person standard
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8
Q

Torts - Imperfect Parties - Mental Development Handicap/ gral rule of capacity

A
  • Gral standard: reasonable person of average mental ability
    • ONLY extreme mental deficiency relieve from N and IT
    • relates with contributory N as defense
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9
Q

Torts - Imperfect Parties - Physical Impairment/ what, gral rule of capacity

A
  • i.e. deaf, blind
  • Gral Rule: Jury will determined what is the reasonable standard according to the circumstances - AVOID standards that are physically impossible
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10
Q

Torts - Deceased P/D - Gral Rule of Survival

A

Torts/Contracts Claims survive death - PR becomes party on behalf of estate

FOR: pre-death pain, suffering, mental anguish, medical expenses, lost earning, etc

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11
Q

Torts - Deceased P/D - Survival - Defenses against PR

A

Same as existing for P (Assuming P usually dies as result of tort)

  • Decesased P’s N can also be attributed to estate in relation to contributory N
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12
Q

Torts - Deceased P/D - Exceptions Gral Rule of Survival (3)

A

NO survival for:

  1. Defamation
  2. Invasion of privacy
  3. Intentional affliction of emotional distress
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13
Q

Torts - Deceased P/D - Wrongful Death - Allowed DX

A

Allow for post-death:

  1. $ DX claims: i.e. loss of future earning
  2. Non- $ DX claims: lost of companionship and grief
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14
Q

Torts - Mx D’s Liability Rules / situations (2) in relation to P’s fault

A
  1. P not at fault + indivisible injury: Joint and Several Liability
  • recover all from 1 D = Contribution Rights among Ds
  • recover each portion = doesnt discharge other Ds
  1. P at fault: if application of Comparative Fault System AND D’s only severally liable to the extent of their individual fault
    • Jury apportions % for P and each D
    • requires individual ID of each D.
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15
Q

Torts - Mx D’s - “Indivisible Injury” Concept + effect

A

Harm that is not capable of accurate apportionment between D’s

  • result: joint and several liability
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16
Q

Torts - Mx D’s Liability Rules - Contribution Rights / What + exception

A

When liaiblity is apportionable among them AND one D pays more than its share

  • Entitled to contribution claim against other D for the excess

UNLESS: it was INTENTIONAL TORTFEASOR

17
Q

Torts - Mx D’s Liability Rules -No individual Negligence Rule / when, effect

A

When no D was individually N BUT combined actions creates unforeseable harm

  • NO D is liable
18
Q

Torts - Inmunities - Types (3)

A
  1. Government
  2. Charitable, educaiton, religious, benevolent orgs
  3. Family relations
19
Q

Torts - Inmunities - Government - Gral Rule

A

For DISCRETIONARY public decisions and acts (i.e.issuance of license, planning, ect) unless waived

  • some states waive inmunity for reckless, malice, bad faith in discretionary public acts
20
Q

Torts - Inmunities - Government - Exceptions to Gral Rule (2)

A
  1. For entities: for a) operational negligence AND b) propitary revenue producing activity
  2. For officer personal laibility: for malicious torts and/or “frolic” of their own.
21
Q

Torts - Inmunities - Charities/Education / whom, what, exceptions

A

Applies only to Officers + Directors

FOR non-propietary functions

UNLESS gross N, bad faith, breach of fiduciary duty

22
Q

Torts - Inmunities - Family Relations /gral rule

A

Eliminated in most jdx

  • Any family member can sue other as if they were not related
23
Q

Torts - Inmunities - Family Relations - Parental Liability

A

Most jdx have eliminated any inmunutiy of parents to children

  • The few left still recognize liaiblity for willfull /wanton acts
  • almost no jdx allow for poor upbringing or negligent supervision (unless willfull act)
24
Q

Torts - Inmunities - Family Relations - 3rd party Lawsuits against spouse / recovery against who

A
  • Tortfeasor spouse individually liable exposing own separate and community property
  • IF acting on benefit of the community there is potential joint liability
  • No recovery against non-tort feasor separate property, unless she/he would be jointly liable if marriage didint exist
25
Q

Torts- SOL and Repose / Concepts

A
  • SOL: statute that restricts the time within which legal proceedings may be brought.
  • Repose: provides a date upon which the action no longer exists, whether it has accrued by that date or not; it entirely cuts off an injured person’s right of action even before it accrues. It is a stricter deadline than a statute of limitations because it may not be tolled by fraud, discovery of injury, etc.
26
Q

Torts - SOL - Common time periods (2)

A
  1. 2 years: for short lived injuries
    • assault, battery, false imprisonment, libel, slander, nuisance
  2. 3 years: for other torts
    • N, fraud, personal injury
27
Q

Torts - SOL - Trigger Date / gral rule

A

Time period begins at time of injury

28
Q

Torts - SOL - Trigger Date - Special rules (2)

A
  1. Last exposure / injury becomes sufficiently evident: when mx event cause injury
  2. Discovery rule: time of discovery (actual/constructive) for Unknown injuries
    • ​​Reasonable person standard
29
Q

Torts - SOL - Tolling / effct, when (4)

A

SOL suspended when:

  1. D out of the state
  2. P’s personal disability
  3. Unitl majority of age (18y/o)
  4. Active concealment by D (until P discovery)

Torts (11 decks)

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