Torts Flashcards
What are the 7 intentional torts?
What is the impact rule? (Georgia follows this not the zone of danger)
Does the doctrine of res ipsa loquitur apply in medical malpractice cases in Georgia?
No, the presumption is that medical services have been performed in an ordinary and skillful manner
What is res ipsa loquitur?
How do you establish a prima facie case of negligence?
You must show:
1) Duty
2) Causation
3) Breach
4) Damages
What is actual and proximate cause?
When driving under the influence, are punitive damages capped in GA?
No
What is negligence per se?
What is the “but for” test?
What is the measure of damages for injury to property?
The reasonable cost of repair, or if the building has been or almost completely destroyed, its fair market value at the time of the accident
Who may sue on behalf of a decedent?
The personal representative of the estate (by statute in GA)
What is the measure of damages for wrongful death in GA?
The full value of the life of the decedent, without deducting any of the necessary or personal expenses of the person if she had lived
Who can bring a wrongful death action?
Decedent’s widow and if there is none, surviving children
When are punitive damages awarded in GA?
When clear and convincing evidence shows that D acted with such willful misconduct, malice, fraud, or wantonness, oppression, or entire want of care as to raise a presumption of conscious indifference to the consequences
