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Torts > Torts: GA > Flashcards

Torts: GA Flashcards

1
Q

Can you use deadly force to protect property in GA?

A

Yes. GA has adopted a “stand your ground” rule - you can use deadly force to protect property or personal property when necessary to prevent the commission of a FORCIBLE FELONY.

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2
Q

Slander per se/ libel per se in GA

A
  1. statement is about P’s business/trade
  2. statement accuses P of serious crime
  3. statement accuses P of loathsome disease
    * 4. disparaging words productive of special damage
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3
Q

When are damages presumed for slander and libel?

A

Only presumed for slander per se or libel per se (4 categories) or if libel is printed in a newspaper.

MBE: Presumed for libel.

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4
Q

Fraud: when is your reliance justifiable?

A

Tougher to find justifiable reliance - P usually has a duty to investigate the D’s statements unless P and D were in a confidential relationship.

*duty to read before you sign

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5
Q

Intentional interference with business relations

A

An intentional action that causes a third party to breach an existing contract with the plaintiff

In GA, must also prove you were a stranger to the contract and MALICE

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6
Q

GA: abusive litigation

A

Action you bring in a NEW lawsuit after litigation has finished where P claims that person’s underlying litigation was:

  • malicious (ill will or wrongful purpose)
  • without substantial justification (vexatious, frivolous)
  • must give notice in the underlying litigation (at least 30 days)
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7
Q

GA: can a child who is under 13 performing an adult activity be liable?

A

NO. No liability even if doing an adult activity (if under age of 13)

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8
Q

Duty: standard of care for a professional

A

A professional is held to the standard of an ordinary member of the profession in good standing

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9
Q

GA: informed consent doctrine

A

GA does NOT recognize common-law doctrine of informed consent. Informed consent is generally only required for diagnostic and surgical procedures.

*all statute based

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10
Q

What must P prove with regard to emergency care to show breach of duty?

A

GROSS negligence by CLEAR AND CONVINCING

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11
Q

Legal malpractice: what must P show

A
  1. breach of the standard of care

2. CAUSATION (would have won the case)

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12
Q

Negligence per se: GA distinction with regard to liability

A

NO tort liability for a criminal act UNLESS

  1. statute says so OR
  2. actionable under common law
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13
Q

Negligent infliction of emotional distress: Impact Rule

A

GA does not follow the zone of danger rule.

GA has the impact rule:

  1. physical impact on plaintiff
  2. resulting in physical injury or other personal injury besides emotional distress
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14
Q

Negligent infliction of emotional distress: common force rule

A

GA does not follow the bystander rule.

GA has the common force rule:

  1. bystander must be the PARENT
  2. Parent must witness death of child
  3. Parent must be impacted by the common force
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15
Q

GA: is res ipsa available in medical malpractice cases?

A

Can’t use res ipsa. Need expert to prove standard of care and breach.

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16
Q

What type of comparative negligence does GA have?

A

Modified partial comparative negligence (P cannot recover if 50% or more at fault)

When there are multiple Ds: P’s negligence is compared to the aggregate negligence of the Ds

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17
Q

In GA, to whom will strict liability for defective products apply?

A

Only manufacturers.

If you want retailers on the hook, you must use negligence.

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18
Q

What is a special limitation of breach of warranty products liability cases in GA?

A

Privity requirement, unless the product caused good to buyer’s family, household members, or guests

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19
Q

In GA, when is there vicarious liability for others driving your car?

A

family car state: owner is vicariously liable for the torts of a household member who has permission to drive

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20
Q

Parent’s vicarious liability for child’s acts - when will parent be liable?

A

In GA, parents may be liable by STATUTE for up to $10,000 in medical expenses and/or property damage resulting from a child’s WILLFUL or MALICIOUS ACTS

21
Q

Special rule for joint and several liability in GA

A

When P was partially at fault, then the joint and several liability is eliminated.
Fact finder must apportion fault

22
Q

Shoplifting detentions

A
  1. accused shoplifter behaved in such a way to give a reasonable belief that the accused was shoplifting
    AND
  2. the manner of the detention and length of time must be reasonable
23
Q

In GA, who can bring a trespass action?

A

Either the owner or the person in possession.

24
Q

Trespass to chattels in GA: must injury be proven?

A

No. Nominal damages may be awarded

25
Q

Defense of property: deadly force

A
  1. violent entry and serious threat of bodily harm to occupant
    OR
  2. entry is made for the purpose of committing the felony and such force is necessary to prevent the felony
26
Q

What if there is defamation as to a small group, can a P recover?

A

P must prove that the language applies to himself to recover.

27
Q

What if the defamatory statements were made on the radio or tv in GA?

A

Defamacast statute – P must prove actual injury

If P is suing the tv station NOT the speaker, P must prove negligence.

28
Q

When will qualified privilege for defamation not apply in GA?

A

When D has ill will.

29
Q

What effect will a retraction have on P’s defamation recovery?

A

limits recovery to actual damages

D must prove:

  • when P asked for retraction D issued a retraction w/in 7 days and was published in as conspicuous way as the first statement
  • D must prove no malice
30
Q

Can prosecutors in GA be sued for malicious prosecution?

A

Yes (no absolute privilege)

31
Q

Defenses to abusive litigation

A
  1. good faith

2. substantial success on the underlying litigation

32
Q

Duty to disclose risks of treatment or surgery: what should be disclosed

A
  1. diagnosis
  2. nature and purpose of the procedure
  3. material risks
  4. likelihood of success of the procedure
  5. practical alternatives
  6. prognosis if treatment/surgery is rejected
33
Q

Can a child’s contributory negligence reduce recovery (child under 13)?

A

Yes

34
Q

Negligent infliction of emotional distress in GA

A

P must show either some impact resulting in physical injury or a nonphysical personal injury (such as injury to reputation)

35
Q

GA Good Samaritan statute: who does it protect

A

Protects any person who acts voluntarily and gratuitously to render emergency treatments
*protects against ordinary negligence

36
Q

When can’t res ipsa be used to prove negligence?

A

When there is gross negligence.

37
Q

When are the caps on punitive damages removed?

A
  1. products liability cases
  2. D acted w/ specific intent to cause harm
  3. D acted while under influence of drugs or alcohol
38
Q

GA: last clear chance

A

P will be completely barred from recovery where P, through reasonable care, could have avoided the consequences of D’s prior negligence

39
Q

Is failure to discover or guard against a defect a defense for the manufacturer in a products liability case in GA?

A

No. Only unreasonable misuse or conduct amounting to assumption of risk will bar P’s recovery.

40
Q

Can a private citizen engage in “self help” to abate a nuisance?

A

NO

41
Q

GA dramshop act: what is the seller’s scienter requirement?

A

Knew or should have known that he was selling beverages to a minor

42
Q

Contribution rule in GA: joint liability

A

Ds pay an equal share regardless of fault

43
Q

When will interspousal immunity not apply in GA

A
  • wrongful death
  • if P can show that the traditional policy reasons for applying immunity are not present (husband and wife are estranged)
44
Q

Claims against state government

A
  • Waived for torts of state officers and employees while they are acting within scope of employment

EXCEPT - immunity still exists for:

  • discretionary functions
  • intentional torts
  • failure to provide police or fire protection
45
Q

When must claims against state gov’t be brought? What is the max recovery?

A

Within a year of the event
$1 million
No punitive damages

46
Q

GA: municipal immunity

A

Waived for ministerial duties (repairing streets) but NOT discretionary acts, legislative acts, judicial acts, intentional torts

47
Q

Immunity of public offers themselves

A

no liability for torts committed while acting w/in scope of duties

Municipal employees: may be liable for injuries or damages caused by the negligent performance of their ministerial or discretionary duties

48
Q

Immunity of municipalities/school districts: when is there no immunity

A
  • motor vehicles
  • nuisances that cause damage
  • ministerial duties
  • liable for torts to the extent the municipality has insurance
49
Q

Defenses to defamation: when statement was made about public figure

A
  1. public interest (if NO ill will/malice): qualified privilege
  2. defense against merits (no reckless disregard– did not entertain doubts of truth – there was a tip given to you, etc)
  3. retraction: P has not asked for one OR if P did ask for one, D did it within 7 days
    * limits liability to actual damages if D acted without malice

Torts (2 decks)

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