Negligence - Damages Flashcards

1
Q

WHat is the eggshell skull doctrine?

A

Take plaintiff as found

If a minor intrusion causes a major harm, D is liable for major harm

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2
Q

Can a P still recover if found to have engaged in contributory negligence?

A

No. Complete bar to recovery.

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3
Q

What is last clear chance in VA?

A

D had last clear chance to avoid harm.

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4
Q

What is liability for domesticated animals? Wild animals?

A

Not strict unless you know of dangerous propensities. Strict liability for wild animals if possessed.

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5
Q

What kind of liability is assessed for abnormally dangerous activities?

A

Strict

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6
Q

What is an abnormally dangerous activity?

A

Cannot be made reasonably safe even with proper care

Uncommon in the area

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7
Q

What are examples of abnormally dangerous activities?

A

Blasts/explosives

Transportation of chemicals

Nuclear energy or high dose radiation

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8
Q

What is the liability for products liability in VA?

A

No strict liability - recovery available under the UCC

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9
Q

What is a nuisance?

A

Interference with peaceful use or enjoyment of real property - must be substantial and grossly inconsiderate

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10
Q

When can employer be held vicariously liable for tort of employee?

A

If employee was acting in the scope of his employment at the time of the tort

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11
Q

What if D takes minor DETOUR from normal duties and commits a tort?

A

VL for detours

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12
Q

What is it called when D takes a major departure from normal duties of job and commits a tort?

A

Frolic

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13
Q

Can an employer ever be held vicariously liable for intentional torts?

A

No

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14
Q

What is the non-delegable duty doctrine?

A

Hiring party VL for indepedent contractor if theyre on their premise and commit a tort

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15
Q

Can Ds get contribution from other D’s in VA for joint and several liability? How is it calculated?

A

Yes, based on percentage of fault

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