Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Torts > Liability > Flashcards

Liability Flashcards

1
Q

Joint Liability

A

Each of several D tortfeasors can be held responsible for P’s entire loss if
1. Acting in concert and
2. Other tortfeasors are unable to pay or
3. It is impossible to determine which D caused P’s injury
= Ds have to bear risk of insolvency of all other Ds

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Several Liability

A

Each D has an obligation to pay only their proportionate share for causing P’s loss
= P has to bear risk of insolvency of all other Ds

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Joint and Several Liability

A
  1. D tortfeasors bear joint liability to P (each can be held responsible for P’s entire loss) but
  2. Bear several liability amongst themselves (must only pay proportionate share if all Ds are solvent)
    = Ds have to bear risk of insolvency of all other Ds
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Tortfeasor Liability - Minority

A

Several liability (TN’s view)
- Each D has an obligation to pay only their proportionate share for causing P’s loss
= P has to bear risk of insolvency of all other Ds

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Tortfeasor Liability - Majority

A

Joint and several liability
- D tortfeasors bear joint liability to P but
- D tortfeasors bear several liability amongst themselves
= Ds have to bear risk of insolvency of all other Ds

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Tortfeasor Liability - TN

A

Several liability (minority)
- Each D has an obligation to pay only their proportionate share for causing P’s loss
= P has to bear risk of insolvency of all other Ds

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

In joint and several liability, if P can show a group of Ds caused P’s injury, can P obtain full judgment against one of the Ds in the group?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Before 2013, what did TN rely on for tortfeasor liability?

A

McIntyre v. Balentine = abolition of joint and several liability by judicial action

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

After 2013, what did TN rely on for tortfeasor liability?

A

Statute = abolition of joint and several liability by legislation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Exceptions to TN tortfeasor liability

A

Ds may be held jointly liable in

  1. Civil conspiracy cases - strict liability
  2. Breach of warranty cases - product liability
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Contribution

A
  • 1 D seeks to recover from his co-D for the co-D’s portion/share of responsibility to P
  • Apportionment of loss between multiple tortfeasors
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Indemnity

A
  • D1 seeks to recover his co-D the full amount of loss paid to P
  • Loss is entirely shifted from 1 tortfeasor to another (all-or-nothing liability)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Vicarious liability

A

One party is held responsible for wrongful acts of another by virtue of special relationship or statute connection between them

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Respondeat Superior in Intentional Torts

A

Focus = employee’s purpose or motive to determine if employee was acting within scope of employment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Respondeat Superior in Negligence

A
  • Employee’s tortious conduct has to be committed within the course and scope of their employment
  • Typically a question of fact for jury
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Frolic and detour

A

Stepping away/deviation from master’s business (exception to respondeat superior requiring jury question)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

When can respondeat superior be determined as a matter of law?

A

Frolic and detour = stepping away/deviation from master’s business

18
Q

Strict Liability

A

Imposition of liability without finding of fault

19
Q

Strict Liability for Animals

A

Strict liability for wild animals if

  1. Harm results from a dangerous propensity
  2. That is characteristic of that class of wild animal
20
Q

Defenses to Strict Liability for Animals

A
  1. Assumption of risk

2. Contributory/comparative negligence

21
Q

TN’s Dog Bite Statute - Duty

A

Dog owners will be held financially responsible for failure to keep dog under reasonable control, keep from running at large

22
Q

TN’s Dog Bite Statute - Breach

A

Breach is subject to civil liability for anyone injured by dog in

  1. Public place or
  2. Lawfully on another’s private property
  3. Regardless of knowledge or showing of dangerous propensities
23
Q

TN’s Dog Bite Statute - Liability

A
  • Rejects one-bite rule
  • Imposes strict liability
  • Holds dog owner financially responsible
24
Q

TN’s Dog Bite Statute - Exception

A

If dog’s owner is owner/tenant of residential, farm, or other noncommercial property where bite occurred, claimant must prove

  1. Actual or constructive knowledge of
  2. Dog’s dangerous propensities
25
Q

Strict Liability for Activities

A
  1. Non-natural use of land
  2. Or anything likely to cause mischief
  3. Is kept at owner’s own peril
26
Q

Defenses for Strict Liability for Activities

A
  1. Act of God

2. Contributory negligence

27
Q

Ultrahazardous

A

Looks at activity itself

28
Q

Abnormally dangerous

A

Looks at context of activity

29
Q

Is transportation of chemicals considered abnormally dangerous?

A

No, accidental spill is negligence not strict liability

30
Q

Strict Liability for Activities - TN

A

Actor is held strictly liable for ultrahazardous activities

31
Q

Examples of Strict Liability - TN

A
  1. Blasting
  2. Storage of explosives
  3. Storage of harmful chemicals
  4. Harboring of wild animals
32
Q

Nuisance Types

A
  1. Public nuisance

2. Private nuisance

33
Q

Public nuisance

A
  1. D’s conduct
  2. unreasonably or substantially interferes
  3. with a common right
  4. of the public
34
Q

Private nuisance

A
  1. D’s conduct
  2. unreasonably or substantially interferes
  3. with the use and enjoyment
  4. of P’s private property
35
Q

Public nuisance types

A
  1. Interferes with use by public of public space
  2. Injures large number of people
  3. Private person suffers special injury beyond that suffered by the community at large
36
Q

In cases of nuisance, when does court have equitable power to substitute permanent damages for both past and future harm?

A
  1. Large disparity between nuisance’s harm and economic effect of injunction to abate nuisance and
  2. Nuisance is permanent and unabatable
    = buying the ability to continue the nuisance
37
Q

In cases of nuisance, when can a court use injunction?

A
  1. Where public interest is at stake

2. Even if P assumed the risk = conditional on P paying costs of abatement

38
Q

What does TN’s joinder allow?

A

Allows P to avoid any statute of limitations defense of new D

39
Q

In TN’s joinder, when may P add non-party as D?

A
  • If a D in answer alleges the fault of a person not a party to the action,
  • Then P may add the non-party as a D within 90 days
40
Q

In TN, what is ultrahazardous activity that makes an actor strictly liable?

A

Those presenting an abnormally dangerous risk of injury to persons or their property

Torts (7 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions