Miscellaneous Issues Flashcards
1
Q
Joint and Several Liability
A
- under traditional common law rule, when two or more negligent acts combine to proximately cause an indivisible injury, each negligent actor will be jointly + severally liable (liable to pl for entire damage incurred)
- if the injury is divisible, each def liable only for the identifiable portion
2
Q
J + S - Defs Acting in Consort
A
- when two or more defs act in consort + injure pl, each is jointly + severally liable for the entire injury
- even if the injury is divisible
3
Q
J + S - Statutory Limitations
A
- many states have abolished j + s in cases based on fault either:
1) for those defs judged to be less at fault than pl OR
2) for all defs regarding noneconomic damages - in these cases, liability proportional to def’s fault
4
Q
Satisfaction
A
- recovery of full payment
- only one satisfaction is allowed, but may proceed against all jointly liable parties until there is satisfaction
5
Q
Release
A
- in most states, release of one tortfeasor does not discharge other tortfeasors unless expressly provided for in release agreement
6
Q
Contribution + Indemnity
A
- doctrines that determine how joint tortfeasors allocate between them the damages they must pay to pl
7
Q
Contribution
A
- allows a def who pays more than their share of damages under j + s liability to have a claim against other jointly liable parties for the excess
- apportions responsibility among those at fault
- can have comparative contribution or equal shares
- contribution def must be originally liable to pl + if has a defense that bars liability, they’re not liable for contribution
- not allowed among intentional tortfeasors
8
Q
Indemnification
A
- involves shifting the entire loss between or among tortfeasors
Available in:
- vicarious liability situations
- under strict products liability for non-manufacturer
9
Q
Loss of Consortium
A
- can bring action for spousal relationship + parent-childrelationship
- such actions are derivative -> any defense that bars recovery by injured family member bars recovery for interference w/ family relationship
10
Q
Survival of Tort Actions
A
- survival acts allow your cause of action to survive the death of one or more parties
- apply to actions involving torts to property and torts resulting in personal injury
- torts invading intangible personal interests expire on person’s death
11
Q
Wrongful Death
A
- grant recovery for pecuniary injury resulting to spouse + next of kin
- decedent’s creditors have no claim against the amount awarded
- recovery allowed only to extent deceased could’ve recovered had they lived
12
Q
Intra-Family Tort Immunities
A
- traditional view said one member of a family unit couldn’t sue another in tort for personal injury
- most states have abolished spousal immunity, + slight majority have abolished parent-child immunity
-> those that retain parent-child don’t apply it to intentional tortious conduct or automobile accidents
13
Q
Charitable Immunity
A
- eliminated in most jurisdictions
14
Q
Governmental Tort Immunity
A
- in varying degrees, fed, state + municipal tort immunity eliminated
- where it survives, it attaches to gov, not proprietary functions
15
Q
Federal Tort Claims Act
A
- US has waived immunity for tortious acts
- BUT immunity will still attach for:
1) assault
2) battery
3) false imprisonment
4) false arrest
5) malicious prosecution
6) abuse of process
7) libel + slander
8) misrep + deceit
9) interference w/ contract rights - also not waived for “discretionary” acts
