PATorts Flashcards
False Imprisonment: PA Shopkeeper Privilege
If PC, may restrain for rsnble time, in rsnble manner on or off premises, for purpose of: (i) obtaining + verifying ID; (ii) learning if unpurchased goods in possession; or (iii) instituting criminal proceedings
PA Mutual Consent to Combat
May recover actual damages from each other, but not punitive
PA Self Defense Same for Crim + Torts
- No duty to retreat from home/work unless initial aggressor or attacked by co-worker (R2 = duty to retreat prior to use of deadly force if can do so safely)
- Can stand ground + use deadly force outside home/work if: not engaged in illegal activity, had a rt to be there, other person displays deadly weapon
PA Good Samaritan Statute
No action for *ordinary* negligence v. person providing emergency medical care in good faith (gross negligence/recklessness); extends to vets giving emergency care unless animal’s owner present
PA Negligence of Children
< 7 conclusively incapable of negligence
7 <> 14 rebuttably presumed incapable
> 14 presumed capable
Negligence of Physician in PA
GPs judged according to custom of GPs in “same or similar locale,” but medical specialists held to nat’l standard
PA: Duty of Dr to Obtain Informed Consent
- Operating on patient w/out informed consent = battery, not negligence
- Dr. must disclose risks reasonable person would need in order to decide whether to undergo procedure
PA Duty of Landpossessor to Trespasser
Refrain from misconduct that is willful (desired or substantially certain) or wanton (reckless disregard of risk)
PA: Duty to Invitees
Duty to protect from any foreseeable harm, including duty to ensure premises free from known dangers + those could be discovered w/ reasonable care
PA: Landowner’s Duty to Off-Premise Victims for Tree Damage
Liable if: (i) condition of tree + risk could be discovered by rsnble care; and (ii) condition could have been made safe
PA Res Ipsa
PA dn require D had exclusive control of the agent or instrumentality that caused harm, only that evidence sufficiently eliminates other possible causes
PA But-For Causation in Med Mal Actions
If P unable to prove causal connection to reasonable degree of medical certainty, P can submit question of causation to jury so long as evidence that dr’s negligence increased risk of injury
PA Collateral-Source Rule in Negligence Actions
Payments to P from outside sources (ie: insurance) not credited against liability of any tortfeasor, nor is evidence of any such payments admissible at trial
PA Negligent Infliction of Emotional Distress (4 Theories)
- impact standard (D caused physical impact)
- close relative from beyond zone of danger)
- zone of danger standard (P was in personal danger of physical impact + actually feared it)
- preexisting fiduciary or K’ual relationship if foreseeable
PA Wrongful Death + Survival Actions
- Must be brought in same action to avoid double recovery
- Child can recover for loss of companionship of dead parent, but not vv
PA Wrongful Life/Birth
Both prohibited, but does allow “wrongful pregnancy” action
PA Vicarious Liability Rules
- Dn recognize family purpose doctrine; car owner only liable if master-servant relationship (ie: rt to control driver’s actions)
- Parents liable for tortious acts of minor kids up to $1K per person, capped at $2.5K; no right of indemnity
PA Dram Shop/Social Host Liability
- Bar owners who sell to “visibly intoxicated persons” liable to 3d party in negligence, not SL
- Adult social host who knowingly serves minor liable for injuries caused, but if over 14, defense of comp neg available
PA Contribution among Tortfeasors
- Settling tortfeasor has no right of contribution from non-settling tortfeasor
- Even if settlor pays more than his fair share, non-settlor must still pay his whole share
PA Several (Not Joint) Liability
General rule = D only responsible for proportion of damages in ratio to his liability; exceptions: (i) intentional torts/misrep; (ii) D > 60% liable
PA “Sudden Emergency” Defense in Negligence Action
No “last clear chance” doctrine, but does allow D to claim defense of “sudden emergency,” meaning he had limited time to react + exhibited honest exercise of judgment under circs (not available if D driving carelessly or recklessly at time)
PA Partial Comparative Fault
P may only recover if own negligence 50% or less or where D engaged in wanton or willful misconduct
PA Assumption of Risk as Defense to Negligence Action
- Largely superseded by partial comparative neg statute, but still complete bar for off road vehicles + skiing
- Exculpatory clauses allowed if express provision concerning negligence
- No duty to spectators at sporting events w/r/t inherent dangers that are common, frequent + expected
PA Strict Liability
- Adopts R2 factors in determining whether activity inherently dangerous
- No SL for domestic animals, even if knows/SHK of dangerous propensities
PA LL Liability for Tenant’s Dog
If LL knew T had a dangerous animal and had ability to control or remove animal, can be sued for negligence
PA Tests for Design Defect
PA allows risk-utility test or consumer expectation test; under r-u, P may show reasonable alternative design available, but NOT req’d
PA Assumption of Risk Defense in Strict Product Liability Action
- Bar to recovery if P aware of danger + knowingly exposed himself to it
- PA also has affirmative defense of highly reckless conduct if sole or superseding cause
PA No “State of Art” Defense in Strict Products Liability Action
Compliance w/ state of art at time of distribution never a defense in SPL action (negligence defense only)
PA Breach of Warranty Liability
Extends express or implied warranty protection to buyer’s family, HH, + guests if reasonable to expect person may use goods + PI results
PA Defamation
Requires fault in ALL cases; actual malice for public officials/figures/concern; negligence for private individuals no public concern
PA Slander Per Se
(i) criminal conduct punishable by imprisonment; (ii) loathsome disease; (iii) unfit to practice profession; (iv) sexual misconduct; (v) financial embarrassment, insolvency, or unworthiness of credit; and (vi) communism
PA Misappropriation of Right to Publicity
Survives death
PA Intentional Misrepresentation
- Representation material to transaction, made w/ knowledge that false or reckless disregard, w/ intent to mislead person relying
- P’s reliance must have been justifiable + cn blindly rely on misrep disproved upon cursory examination
PA Negligent Misrepresentation
- Tort based on duty to supply correct info; often arises w/ accountants + other suppliers of commercial info
- Must be misrep of material fact, made in situation in which actor SHK false, w/ an intent to persuade other to act on misrep; P must have justifiably relied + been injured
PA Intentional Interference w/ Prospective K
- prospective K’ual relationship beyond mere hope (but-for wrongful act of D, reasonable prob K); 2. D intended to harm P by preventing transaction from occurring; 3. absence of privilege or justification (ie: D acting w/ improper purpose); and 4. actual harm or damages
PA Malicious Prosecution
Civil and criminal actions began w/out PC or w/ gross negligence + filed for improper purpose + loses
Intentional Interference w/ Prospective Biz Relationship/Economic Benefit
(1) Prospective contractual relationship;
(2) Intent to harm P by preventing relationship/benefit from occurring;
(3) Absence of privilege or justification; +
(4) Actual harm
- cts often require D’s act be independently tortious (ie: fraud/defamation) if biz competitor
