Other Concepts

Question 1

Joint and Several Liability

Answer 1

Multiple defs who were responsible for plaintiffs harm can be liable for entire amount of damages

Question 2

Parents Liability for Harm cause by Minor Child

Answer 2

1. Must have had ability to control kid
2. Must have known or had reason to know child needed to be controlled

Question 3

Pure Comparative Negligence

Answer 3

Plaintiff can recover no much how much at fault

Question 4

Partial (Modified) Comparative Negligence

Answer 4

Plaintiff barred from recover if more than 50% at fault

Question 5

Eggshell Skull Plaintiff

Answer 5

Def takes the plaintiff as he finds him

Applies to plaintiffs physical and mental conditions

Question 6

Firefighter Rule

Answer 6

Bars 1st responders from recovering for injuries inherent to the job

Question 7

Torts of Independent Contractors

Answer 7

Principal generally not liable for the torts of independent contractors. Independent contractor is liable for own torts.

Exceptions: (when principal is liable)
Duty of business to keep premises safe, independent contractor doing inherently dangerous activity, common carriers non delegable duty, or public policy.

Question 8

Vicarious Liability

Answer 8

Employers are responsible for the torts of their employees that occur during scope of employment.

BUT not liable for intentional torts, torts not during employment, or if independent contractor

Question 9

Contributory Negligence

Answer 9

Plaintiff cannot recover even if 1% at fault UNLESS:

Doctrine of Last Clear Chance: the person with the last clear chance to avoid the accident but fails to do so is liable.

Question 10

Defamation and Employer’s Qualified Privilege

Answer 10

Exists between employers about employees (BUT statement can’t be made with knowledge that it is fake or recklessly)

Question 11

Defamation (Publication Element to 3rd Party)

Answer 11

Communication just needs to be intentional or negligently communicated

Question 12

Fraud

Answer 12

1. Misrepresentation by Def
2. Def made knowing false
3. Intent to induce plains reliance
4. Plain relied on misrepresentation
5. Damages

Question 13

Negligent Misrepresentation

Answer 13

Made in business or professional capacity

Question 14

Wrongful Birth Action

Answer 14

Parents can recover $ damages for negligent failure to diagnose a hereditary condition and had they known, would not have proceeded with pregnancy

Question 15

Wrongful Life Action

Answer 15

Rare successful, few states accept