Negligence - Damages Flashcards
WHat is the eggshell skull doctrine?
Take plaintiff as found
If a minor intrusion causes a major harm, D is liable for major harm
Can a P still recover if found to have engaged in contributory negligence?
No. Complete bar to recovery.
What is last clear chance in VA?
D had last clear chance to avoid harm.
What is liability for domesticated animals? Wild animals?
Not strict unless you know of dangerous propensities. Strict liability for wild animals if possessed.
What kind of liability is assessed for abnormally dangerous activities?
Strict
What is an abnormally dangerous activity?
Cannot be made reasonably safe even with proper care
Uncommon in the area
What are examples of abnormally dangerous activities?
Blasts/explosives
Transportation of chemicals
Nuclear energy or high dose radiation
What is the liability for products liability in VA?
No strict liability - recovery available under the UCC
What is a nuisance?
Interference with peaceful use or enjoyment of real property - must be substantial and grossly inconsiderate
When can employer be held vicariously liable for tort of employee?
If employee was acting in the scope of his employment at the time of the tort
What if D takes minor DETOUR from normal duties and commits a tort?
VL for detours
What is it called when D takes a major departure from normal duties of job and commits a tort?
Frolic
Can an employer ever be held vicariously liable for intentional torts?
No
What is the non-delegable duty doctrine?
Hiring party VL for indepedent contractor if theyre on their premise and commit a tort
Can Ds get contribution from other D’s in VA for joint and several liability? How is it calculated?
Yes, based on percentage of fault
