Tort Immunities Flashcards
What is the traditional view on Intra-Family Tort Immunities?
One member of a family unit couldn’t sue another in tort for personal injury.
Modern view on intra-family tory immunity?
Most states abolished husband-wife immunity. Slight majority abolished parent-child immunity. Generally children suing for negligent supervision not permitted. States with parent-child immunity do not apply in: cases with intentional torts; auto accidents to the extent of insurance coverage.
Where federal, state, and municipal tort immunity survives, what functions does it attach to?
Governmental. NOT proprietary functions.
Under which act has the U.S. waived immunity for tortious acts?
The Federal Tort Claims Act.
What actions does immunity still attach to for the U.S.?
Assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel and slander, misrepresentation and deceit, interference with contract rights.
**Discretionary. (decision making) functions NOT ministerial (operational level).
Immunity and state governments?
Most states have waive immunity to same extent as federal gov’t.
**Discretionary functions NOT ministerial.
Abolishment and survival of municipal immunity?
Public duty rule applies. Provides that a duty owed to public at large isn’t owed to any particular citizen absent a special relationship b/w gov’t and citizen.
*Where immunity survives, it’s granted for governmental functions NOT proprietary (provided by private corp) functions.
Are public official immune from tort liability?
Yes, for discretionary acts done without malice or improper purpose. Not for ministerial acts.
Charitable immunity.
Majority of jurisdictions have eliminated it.
