Liability

Question 1

Joint Liability

Answer 1

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

Question 2

Several Liability

Answer 2

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

Question 3

Joint and Several Liability

Answer 3

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

Question 4

Tortfeasor Liability - Minority

Answer 4

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

Question 5

Tortfeasor Liability - Majority

Answer 5

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

Question 6

Tortfeasor Liability - TN

Answer 6

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

Question 7

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?

Answer 7

Yes

Question 8

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

Answer 8

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

Question 9

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

Answer 9

Statute = abolition of joint and several liability by legislation

Question 10

Exceptions to TN tortfeasor liability

Answer 10

Ds may be held jointly liable in

1. Civil conspiracy cases - strict liability
2. Breach of warranty cases - product liability

Question 11

Contribution

Answer 11

• 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

Question 12

Indemnity

Answer 12

• 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)

Question 13

Vicarious liability

Answer 13

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

Question 14

Respondeat Superior in Intentional Torts

Answer 14

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

Question 15

Respondeat Superior in Negligence

Answer 15

• Employee’s tortious conduct has to be committed within the course and scope of their employment
• Typically a question of fact for jury

Question 16

Frolic and detour

Answer 16

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

Question 17

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

Answer 17

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

Question 18

Strict Liability

Answer 18

Imposition of liability without finding of fault

Question 19

Strict Liability for Animals

Answer 19

Strict liability for wild animals if

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

Question 20

Defenses to Strict Liability for Animals

Answer 20

1. Assumption of risk

2. Contributory/comparative negligence

Question 21

TN’s Dog Bite Statute - Duty

Answer 21

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

Question 22

TN’s Dog Bite Statute - Breach

Answer 22

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

Question 23

TN’s Dog Bite Statute - Liability

Answer 23

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

Question 24

TN’s Dog Bite Statute - Exception

Answer 24

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

Question 25

Strict Liability for Activities

Answer 25

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

Question 26

Defenses for Strict Liability for Activities

Answer 26

1. Act of God | 2. Contributory negligence

Question 27

Ultrahazardous

Answer 27

Looks at activity itself

Question 28

Abnormally dangerous

Answer 28

Looks at context of activity

Question 29

Is transportation of chemicals considered abnormally dangerous?

Answer 29

No, accidental spill is negligence not strict liability

Question 30

Strict Liability for Activities - TN

Answer 30

Actor is held strictly liable for ultrahazardous activities

Question 31

Examples of Strict Liability - TN

Answer 31

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

Question 32

Nuisance Types

Answer 32

1. Public nuisance | 2. Private nuisance

Question 33

Public nuisance

Answer 33

1. D's conduct 2. unreasonably or substantially interferes 3. with a common right 4. of the public

Question 34

Private nuisance

Answer 34

1. D's conduct 2. unreasonably or substantially interferes 4. with the use and enjoyment 4. of P's private property

Question 35

Public nuisance types

Answer 35

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

Question 36

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

Answer 36

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

Question 37

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

Answer 37

1. Where public interest is at stake | 2. Even if P assumed the risk = conditional on P paying costs of abatement

Question 38

What does TN's joinder allow?

Answer 38

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

Question 39

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

Answer 39

- 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

Question 40

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

Answer 40

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