Intnetional tort; intro to negligence

Question 1

p must prove iied distress by

Answer 1

clear and convincing evidence

Question 2

false imprisonment

Answer 2

illegal restraint on p’s freedom

Question 3

does not require that d

Answer 3

actually imprison p

Question 4

once a prima facie case of false imprisonment is made,

Answer 4

burden shifts to d to show that the restraint was legal or justified

Question 5

viriginia allows conversion of

Answer 5

tangible and intangible so long as intangible personal property rights are merged into a doc

Question 6

for intangible

Answer 6

it must be documented

Question 7

va has good samaritan law

Answer 7

protects from liability if emergency care in good faith and without compensation

Question 8

for good Samaritan pregnancy,

Answer 8

it is gross negligence if no medical records at hand

Question 9

good samaritan law protects ambulance drivers in an emergency

Answer 9

so long as they comply with siren laws, not grossly negligent, do not engage in willful or wanton misconduct

Question 10

va cannot be liable for employer based on

Answer 10

duty to supervise the employee

Question 11

va children under 7

Answer 11

cannot be negligent

Question 12

rebuttable presumption ages

Answer 12

7-14

Question 13

standard of physicians

Answer 13

reasonable standard of other licensed physians, but exception for locality

Question 14

common carriers

Answer 14

utmost care to protect guests

Question 15

innkeeps have a duty to

Answer 15

warn and protect guests from foreseeable criminal conduct of 3d party

Question 16

VA rejects

Answer 16

attractive nuisance doctrine

Question 17

standard for va regarding something similar to attractive nuissance

Answer 17

landowner will be liable for leaving an instrument with a hidden danger on part of her land that is easily accessible to kids and that is known to be frequented by children

Question 18

invitees owe a duty of ____ to licensees (this is mbe)

Answer 18

reasonable care

Question 19

they have no duty to inspect for licensees, but must (mbe)

Answer 19

to correct or warn concealed dangers that are known

Question 20

no duty to protect from (mbe)

Answer 20

open and obvious dangers

Question 21

VA invitees

Answer 21

liable for injuries if the landowner knows or should have known that the invitee would not appreciate the danger

Question 22

only extends as far as

Answer 22

the scope of invitation

Question 23

host can remove liability for children

Answer 23

if he asks parents to supervise him

Question 24

no duty to protect from criminal act unless

Answer 24

special relationship and either p or 3d party commits criminal act

Question 25

if she has knowledge of imminent danger of criminal asssault

Answer 25

she has a duty to warn

Question 26

negligence, causation

Answer 26

virginia uses but for for actual cause

Question 27

Wrongful death suit

Answer 27

if physician destroyed any subsantial chance that patient could survive, trteated as proximate cause

Question 28

to break chain of causation

Answer 28

must be superseding and completely supersede d’s actions

Question 29

in va, you need both

Answer 29

actual and proximate cause

Question 30

proximate cause

Answer 30

injury was the natural and proximate consequence of the act and it was foreseeable

Question 31

va has a cap

Answer 31

on medical malpractice (2.25 million, incerases 50k each year until 3 million in 2031)

Question 32

virginia follows collateral source rule

Answer 32

any payments or benefits received by p from outside sources are not credited against damages that d owed plaintiff

not admissable @trial

Question 33

punitive damages

Answer 33

wanton or willful misconduct

Question 34

NIED Majority rule

Answer 34

plaintiff have suffered some physical injury to recover

Question 35

survival statute

Answer 35

survives death of plaintiff

Question 36

VA, parent liable for up to

Answer 36

2500 in harm cause by willful or malciious act of child

Question 37

no dram shop act