Torts Flashcards
What are the elements of FRAUD?
- KNOWINGLY MADE FALSE REPRESENTATION (or CONCEALMENT of mat’l fact)
- of a MATERIAL FACT
- w/ the INTENT TO MISLEAD
- that’s RELIED UPON to P’s DETRIMENT
What is a defense to FRAUD?
IMPUTED KNOWLEDGE
Are liability waivers enforceable in VA?
No, they’re unenforceable b/c they’re against public policy.
Does VA follow rule of joint and several liability w/ right of contribution?
Yes
What is the right of contribution vis a vis joint and several liability?
Means 1 defendant that’s liable for full amount of J&S j’ment can recover from the other defendants. Joint wrongdoers are liable for their share of the j’ment.
What are the elements of NEGLIGENCE?
- DUTY
- BREACH
- CAUSATION (ACTUAL AND PROXIMATE)
- DAMAGES
What is RES IPSA LOQUITOR?
Theory of negligence that allows a P to establish a prima facie case w/ only circumstantial E. Requires P to show:
- Accident is a type that wouldn’t normally occur unless someone was negligent
- Instrumentality that caused the harm was in the SOLE CONTROL of D.
- P didn’t contribute to the harm.
What is a LICENSEE?
One who enters land W/ POSSESSOR’S PERMISSION for her OWN PURPOSE OR BUSINESS (rather than for possessor’s benefit)
Social guests are considered licensees
What duty is owed to LICENSEE?
Possessor has duty to:
- WARN of or MAKE SAFE DANGEROUS CONDITIONS known to the O that create UNREASONABLE RISK OF HARM and Licensee is unlikely to discover.
- exercise RSN CARE in the conduct of “active operations” on the property.
What is an INVITEE?
Those who enter premises for a purpose connected w/ THE BUSINESS OF THE O or enter as members of the public for a purpose for which the land is HELD OPEN TO THE PUBLIC.
like PUBLIC BUSINESSES
What is duty of care owed to INVITEES?
Duty to keep premises in REASONABLY SAFE CONDITION.
Must WARN OF CONCEALED DANGERS and
ACTIVELY INSPECT premises to ensure dangers are discovered and rectified.
INVITEES: Does O have duty to warn of OPEN AND OBVIOUS DANGERS?
No
What is doctrine of RESPONDEAT SUPERIOR?
Employer liable for torts of employee committed W/I SCOPE OF EMPLOYMENT.
RESPONDEAT SUPERIOR: What is a DETOUR?
An employee’s MINOR DEVIATION from scope of employment.
Detours still considered within scope of e’ment.
RESPONDEAT SUPERIOR: Does employer have indemnification claim against employee?
Yes. Where employer found liable for EE’s torts, ER has indemnification claim against EE.