Torts Rules on Past Exams Flashcards
In Virginia, when portions of a landowner’s property expose the public to risks…
The property owner has a duty of care to maintain their property in such a way to reasonably provide safety.
When determining proximate cause, Virginia courts have held that…
there is no yardstick by which every case may be measured. In each case the problem is to be solved upon mixed considerations of logic, common sense, justice, policy and precedent. Thus, the standard is malleable.
Contributory negligence, if found, is a…
complete bar to recovery.
Contributory negligence requires the defendant to prove…
duty and breach of the plaintiff.
Liability waivers are invalid in Virginia, but…
defendants can sign indemnity clauses between each other and plaintiffs can agree to indemnify defendants for lawsuit expenses.
Virginia courts consider various factors to determine whether an individual is an employee or an independent contractor, but the determinative factor is…
the power to control the means and method of performing the work.
Virginia does recognize some exceptions to the general rule of no liability for the torts of an independent contractor, such as…
inherently dangerous activity and negligent hiring.
Under Virginia law, an act generally is within the scope of the employment if:
- it was expressly or impliedly directed by the employer, or is naturally incident to the business, and
- it was performed, although mistakenly or ill- advisedly, with the intent to further the employer’s interest, or from some impulse or emotion that was the natural consequence of an attempt to do the employer’s business.
Conversion generally only applies to tangible property, but…
Virginia courts have found that an action may lie for the unlawful conversion of certain intangible property rights that have been documented.
The sale of alcoholic beverages is not the proximate cause of later acts committed by purchaser, and thus…
Virginia does not recognize a claim against a seller of alcohol for negligence.
