Misc. Bullshit Flashcards
Tort: Dispossession:
Depriving P of lawful right to chattel
Tort: Intermeddling:
Directly damaging a chattel
Tort: Damages: Trespass against chattels: (3)
Nominal
Actual based on rental value
Actual from harm to chattel or loss of value.
Torts: Prod. Liability: Breach of implied warranty of fitness for a particular purpose: Who can sue?
Purchaser, family, household members, or guests injured
Torts: Prod. Liability: Breach of implied warranty of fitness for a particular purpose: Be sued?
Any seller of the goods
Torts: Prod. Liability: Breach of implied warranty of fitness for a particular purpose: Breach? 2 prong
Goods sold were not fit for purpose that seller knew or had reason to know of AND knew that buyer was relying on the seller’s judgment
Torts: Prod. Liability: Breach of implied warranty of fitness for a particular purpose: Damages? (3)
Personal injury, property damage, AND recovery solely for economic loss
Torts: Prod. Liability: Breach of implied warranty of fitness for a particular purpose: Defenses? (3)
Assumption of risk
Unreasonable misuse
Failure to give reasonable notice of breach.
Torts: Prod. Liability: Breach of implied warranty of merchantability: Who can sue?
Purchaser, family, household members, or guests injured
Torts: Prod. Liability: Breach of implied warranty of merchantability: Be sued?
A merchant dealing in kinds of goods sold.
Torts: Prod. Liability: Breach of implied warranty of merchantability: Breach?
Goods sold were not generally acceptable or fit for ordinary purposes
Torts: Prod. Liability: Breach of implied warranty of merchantability: Damages? (3)
Personal injury, property damage, AND recovery solely for economic loss
Torts: Prod. Liability: Breach of implied warranty of merchantability: Defenses?
Assumption of risk
Unreasonable misuse
Failure to give reasonable notice of breach.
Torts: Prod. Liability: Damages recoverable when based on intent:
compensatory and punitive damages
Torts: Prod. Liability: Damages recoverable when based on negligence:
Actual damages based on physical injury or property damage.
No recovery if sole claim is economic loss.
Torts: Prod. Liability: Strict liability prima facie case in GA. P must prove:
- D is ACTUAL MANUFACTURER of personal (not real) property
- Produced a defective product.
- Actual and Proximate cause
- Damages.
Torts: Strict products liability: Defect must make product dangerous beyond the expectation of an:
ordinary consumer.
Torts: Strict products liability: Defect must have existed when:
product left D’s control.
Tort: Wrongful death: Adults: Who may bring suit?
surviving spouse. If no surviving spouse then kids may bring action.
Tort: Wrongful death: Adults: Damages:
Full value of life of decedent, including loss of support and companionship.
Note: Where death resulted from crime or negligence:
Funeral, medical, and other expenses are recoverable.
Tort: Wrongful death: Kids: Who may bring suit?
Parents.
Tort: Wrongful death: Kids: Damages:
Entitled to the full value of a child’s life as determined by a jury.
Note: A parent has a right of recovery against other spouse if child was murdered by the other spouse.
Torts: Neg: Personal Injury: Damages:
ALL DAMAGES (past, present, prosepctive.) Economic damages (medical expenses) Non-economic damages (pain and suffering)
Note: w/ physical injury may also recover for any resulting emotional distress.
Tort: Neg: Measure of property damages:
the reasonable cost of repair
OR
if property was nearly destroyed, FMV at the time of accident.
Tort: Survival statute:
Deceased personal representative is substituted for decedent in cause of action.
Tort: Survival statute applies to causes of action in:
personal injury, torts to property, and libel
Evi: Hearsay Exception: Present sense impression:
OOCS made concurrently with the sense impression of an event that is not necessarily exciting may be admissible.
Availability of declarant is immaterial.
Evi: Hearsay Exception: Declaration of PRESENT bodily condition:
OOC spontaneous declaration of PRESENT bodily condition admissible EVEN THOUGH it’s not made to a doctor.
Availability of declarant is immaterial.
Evi: Hearsay Exception: Declaration of PAST bodily condition: OOC statement of past bodily condition admissible if made: (2)
- To medical personnel,
- For the purpose of diagnosis or treatment of a condition
Even declarations about the cause or source are admissible if they were pertinent to diagnosis or treatment.
Availability of declarant is immaterial.