Tort immunites

Question 1

Intrafamily tort immunity

Answer 1

most states have abolished husband and wife immunity.

Question 2

Federal government

Answer 2

Under federal torts claims act, the US has waived immunity for tortious acts. However, immunity will still attach for i) assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel and slander, misrepresentation and deciet, and interference with contract rights. Ministerial acts, which are acts performed at the operational level of gov are not immune, while discretionary acts are immune.

Question 3

states

Answer 3

same as fed gov. immunity for judicial deisionmaking and legislative acts

Question 4

local

Answer 4

contrast governmental and propriety functions if immunity exists.

Question 5

public officials

Answer 5

public officials carrying out official duties are immune from tort liability for discretionary acts done without malice or improper purpose. liability does attach for ministerial acts.