Immunity Flashcards
Parental Immunity unless
ONE
- OUTSIDE scope of relationship
child employed by parent
worse than negligent - NOT legal parent
3rd party liability
Loco-parentis - ENDED Parent-Child Relationship
Emancipated
Deceased
Parental immunity - suit basis
Can sue for intentional harm
Can’t sue for negligent harm
Parental Immunity - Different Jurisdictional Approaches
4 Different Jurisdictional Approaches - CLAR
1) COMPLETE immunity: complete
2) LIMITED privilege: complete within provision of necessities, parental authority, (some jur. includes supervision)
3) AVAILABILITY of Insurance: parent’s legal protection does not prevent child form getting financial support
4) REASONABLE Parent: Reasonableness
Charitable Immunity
No charitable immunity (except TX)
Government Immunity - State/Local
State/Local - APES (DM)
- ACT within scope of employment?
- Is there a PRIVATE analog
- Provision of SERVICE?
1. DISCRETIONARY: (Blanket/Qualified Immunity [if clear violation, decision irrational or capricious?])
2. MINISTERIAL (no immunity)
- Protection from EXTERNAL hazards?
1. DISCRETIONARY (Blanket Immunity)
2. MINISTERIAL (no immunity) + Cuffy/Shuster Test - VRKC
- VOLUNTARY assumption of duty through promise/action
- Justifiable and detrimental RELIANCE on undertaking
- KNOWLEDGE that inaction could cause harm
- Direct CONTACT between agents and victim
Cuffy/Shuster Test
State/Local - VRKC
- VOLUNTARY assumption of duty through promise/action
- Justifiable and detrimental RELIANCE on undertaking
- KNOWLEDGE that inaction could cause harm
- Direct CONTACT between agents and victim
Federal Government Immunity Test
AAA (DM)
- ACT within scope of employment?
- ACTIVITY based immunity (military/treasury/postal service)
- ALLEGED level of culpability (intentional acts/strict liability)
- DISCRETIONARY (is there a choice? implicate policy considerations?)
- MINISTERIAL (no immunity)
