Immunities Flashcards
What is an immunity?
An affirmative defense that due to the relationship to the plaintiff the defendant cant be sued.
What is spousal immunity?
A husband or wife is NOT immune from a tort liability to the other solely because of that relationship, this is a majority view.
What is parent child immunities?
A child cannot sue their parent and visa versa because courts want to protect that relationship.
what are the exceptions to child immunities?
When an intentional harm has been reoccurring or when dealing with an emancipated child.
what are the two charitable immunities theories?
- the implied wavier theory which states its a voluntary activity and to accept the benefits of that charity mean you can not sue.
- Trust fund theory- what ever assets a charity hold are in trust on their donors. this immunity hals peoples ability to even have the chance to sue.
What are governmental immunities?
The federal governmental is immune except to the extent that the U.S consents to both suit and tort liability,
What are the exceptions for federal and state employees?
Federal- if your working with in the scope of your employment you are protected.
State– if you are working with in the scope of your employment you may or may not have immunity based on the rules of your scope.
