kaitlyn got tired of sorting

Question 1

When you will be liable for harm to unborn children

Answer 1

Negligent harm causes defects; negligent killing (most courts-some say viability is relevant); wrongful birth (failure to inform the mom of potential defects IF they cause extraordinary medical $$$)

Question 2

When you won’t be held liable for harm to unborn children

Answer 2

Wrongful life claims (most courts don’t wanna say that you’re better off dead)

Question 3

Novko v. State of NY

Answer 3

mitigation of damages does not extend to requiring changes in lifestyle and occupation

Question 4

Sovereign Immunity

Answer 4

the sovereign can do no wrong- neither the federal government nor the
states could be sued for torts

Question 5

Military Immunity

Answer 5

The United States government is immune from tort suits arising out of military activities (minimal national security justifications)

Question 6

Statute of Limitations is an

Answer 6

Affirmative defense to negligence (yes BUT ya waited too long)

Question 7

Discovery Rule

Answer 7

Time does not start running until the
Plaintiff knew or should have known there was a cause action

Question 8

Defendant’s acting in concert

Answer 8

You can be liable if you give substantial
assistance or encouragment

Question 9

Joint Necessary Causes

Answer 9

Multiple independent negligent acts that
produce an indivisible injury

Question 10

Joint Sufficient Causes

Answer 10

Either ∆’s actions would have been sufficient to cause the harm, neither was necessary but both are sufficient

Question 11

EE vs Independent Contractor

Answer 11

Uber controls prices, routes, and use of tools (even though they are supplied by independent contractors, does not make them an employee)

California reversed this by initiative —> Drivers are Independent Contractors

Question 12

Non delegable duty

Answer 12

some activities are so dangerous, that you cannot abstain yourself from vicarious liability by having an independent contractor

Question 13

In a pure case where the π is suing an intentional tortfeasor

Answer 13

There is no affirmative defense based on contributory negligence

Question 14

Recreational Use Statutes

Answer 14

incentivizes Landowners to allow the public to use their property for recreation

partially immunize the owner for accidents that take place on the property

Question 15

Modern Landlord Liability

Answer 15

Most courts impose a general duty of reasonable care on landlords

Question 16

Implied Warranty of Habitability

Answer 16

SOME COURTS : guarantee
of no hidden defects and obligation to keep leased property in good condition.

The failure to do so can result in a negligence per se action.

Question 17

What is the only intentional tort that requires damage

Answer 17

IIED

Question 18

All tort claims require

Answer 18

Causality

Question 19

Inverse Condemnation Exception (to nuisance)

Answer 19

Reverse Eminent Domain; what you have done is effectively killing the value of my land, and you need to compensate me for that

Question 20

Private v Public Nuisance

Answer 20

Public: unreasonably interfering with a right common to the general public

Private: right of a particular person to enjoy the quiet enjoyment of their land

Question 21

Who can sue for Public Nuisance

Answer 21

Usually, it’s gonna be a governmental entity that has the standing to sue (the State Attorney General, anyone that can sue on behalf of) the public

BUT also private parties disproportionately affected