Immunity Flashcards
Define spousal immunity
At common law, neither spouse could sue the other
Does NC have spousal immunity?
No
Is a joint tortfeasor entitled to contribution from an immune party?
No
Define government immunity
The federal government is immune from tort liability except as outlined in the Federal Tort Claims Act. In addition, the state government is immune from tort liability except as outlined in State Tort Claims Act
Who what extent doe government immunity extend to?
Local government immunity extends to government acts
What are governmental acts?
Discretionary, political, legislative, or public in nature and performed for the public good i.e. police, fires, libraries, etc.
What are proprietary acts?
Commercial or chiefly for private advantage of the community i.e. stadiums, electric, utilities, golf courses, airports, and hospitals
Define the public duty doctrine
State and local government do not have a duty to protect individual citizens except, if an actual promise of protection has been made or the person is a protected witness
Define the special duty framework
- Duty-an actual promise of protection
- Breach-protection is not forthcoming
- Causation/Damage-Individual’s reliance on the promise of protection is causally related to the injury suffered
Define negligent hiring/negligent retention
An employer has a duty to protect the plaintiff from harm by an employee. This could be a breach if the employer knew or should have known and the damage was a proximate result
When can a person not sue an employer?
When an employee in the scope of employment committees a tortious act except, if the act was a discretionary function and under the feres doctrine.
Define the feres doctrine
The feres doctrine provides immunity for claims arising out of or in course of active duty
