NC Distinctions Flashcards by Josh Lee

When in doubt, what duty is owed?

A reasonable duty

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Battery statute of limitations

3 years

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Informed consent requires

disclosure of the usual and most frequent risks a reasonable person would consider important in making the decision of whether or not to undergo a surger

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If a doctor performs an authorized surgery without disclosing risks, what is the claim

negligence

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When can punative damages be given?

if there is fraud or malice

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The shopkeeper privilege requires

that the shopkeep have probable cause.

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NC IIED based on contractual realtionship

Cause of action if

The main benefits were not just money;
The contract related directly to dignity, mental concern, sensibilities (gender reassignment)
The primary loss is not money
The contract direct involves emotions or dignities

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NC trespass to land addition

A trespass could include an airplane overflight that is so low that the use of enjoyment of the land is adversely affected

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When can double damages be given for conversion?

If there is unauthorized cutting, removing, or burning of any valuable wood or timber on or from his land

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When does ∆ have a duty to retreat?

If the assault is nonfelnous + outside ones home

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When is there not a duty to retreat?

if assualt is a felony,
assult occurs at place of business
assualt occurs at one’s home

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Defense of other standard

The use of force is allowed to defend another if the actor reasonably believes that the person in need of aid would be permitted to use self-defense

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Defense of Property in NC

Can use deadly force to protect home or residence if occupant believes intruder intends to

Kill,
Cause serious bodily harm; or,
commit some other felon

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Rescuer liability for injuries to the rescued

Good Samaritan Statues

Volunteer Rescuer is not liable for damage caused in the absence of wanton conduct or gross negligence

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If a person voluntarily undertakes to provide needed services or protection to another, then what duty is owed

A duty of care

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Any driver involved in a vehicle accident is required to

Stop and render reasonable aid to any injured person

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What must be proved for negligent infliction of emotional distress

∆acted negligently;
Foreseeable that ∆ would be in severe emotional distress; and,
Conduct did cause emotional distress

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Severe emotional distress means

Any emotional or mental disorder

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Wrongful birth actions in NC

are not recognized

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Wrongful life actions in NC

are not recognized in NC

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Wrongful conception actions in NC

Is allow in NC
Doctor messed up in sterilizing conceiving party

Damages = cost of birth

What is the duty owed to invitees and licensees

the duty of reasonable care toward all lawful visitors

What is the duty of trespassers

Refrain from willful and wanton conduct

What are the requirements of a lessor of a residential property

comply with all housing and building codes;
Make whatever repairs are necessary to keep the premises in habitable condition
keep all common areas in a safe condition
maintaining all facilities and appliances in safe working order; and,
providing working smoke and carbon monoxide detectors

How does NC define age of capacity?

1. ≤ 6, no negligence 2. 7-13; rebuttable presumption that child was not negligent 3. 14+; rebuttable presumption of negligence

Professional duty standard for health care professionals

custom similarly situated in similar communities

Common carriers duty owed to

Passengers and prospective passengers

Loss of chance in NC

NC has not yet recognized

Duty owed to a non-paying guest in an automobile?

Reasonable care; no heightened standard

Proximate Cause in NC

Recovery allowed for any person harmed due to breach of defendant's duty of care -Don't just have to be in zone of danger

Punitive damages available if

1. ∆ liable for compensatory damages and 2. one of the following by clear and convincing evidence a. fraud, b. malice, or c. willful or wanton conduct

When are punitive damages barred

vicarious liability

Contributory negligence as a defense

NC is contributory negligence state, if 1% at fault, complete bar

Last clear chance rule

a party with the last clear chance to avoid the accident or injury who fails to do so is liable for any negligence If π can show that ∆ had last clear chance, then contributory neg. does not bar recovery

What is the owner-occupant doctrine?

negligence of a driver of a vehicle is imputed to the owner who is a passenger at the time of accident + owner can recover from driver

Strict Liability for Abnormally dangerous Activities in N.C.

1. Blasting Only abnormally dangerous activity receiving strict liability

Strict Products Liability in N.C.

N.C. does not recognize

Causes of actions for defective products in N.C. | 2

- negligence | - breach of warranty of merchantability

Contributory Negligence in products liability actions occurs when? (4)

Contributory Negligence is a complete bar 1. use of product contrary to instructions 2. failure to exercise reasonable care 3. unreasonably preceding to use product after discovering 4. Modification of the product

For a products liability claim, what is the scope of claimants?

Buyer's family and guest + Employee of buyer

Nuisance in N.C. arises when? | 5

Anything that tends to adversely affect 1. public morals 2. health 3. economy 4. safety 5. thrift (bank)

Statute of limitations for defamation in N.C.?

1-year

Slander Per-Se in N.C. areas?

1. moral turpitude 2. business or profession 3. loathsome disease --unchastity is only recognized if talks about having sex with animals

How can non-public actors become public actors?

Purposeful activity that thrusts their personality into the vortex of an important public controversy -Need malice for defamation

Invasion of Privacy actions in N.C. | 2

1. Appropriation | 2. Intrusion upon seclusion

What is needed for fraud?

statement was made 1. with knowledge of of falsity; and, 2. intent to deceive (mbe could get in with recklessness)

Intentional interference with contractual relations

allowed as a cause of action

Vicarious Liability in N.C. arises when?

1. owner who occupies a vehicle is responsible for actions of others while driven (family purpose exception: any person from the family is liable for actions of other while driven if in the car) 2. Parent is liable for actions of child up to 2k for malicious or willful injury 3. Dram Shop Act: Vender can be held liable for negligent sale to a minor if the injuries are caused by minor while operating a vehicle while impaired 4. Social Host Liability: if a reasonably prudent person would have known that the minor or other person was intoxicated and likely to drive

Contribution apportionment in N.C.

Contributions apportioned equally (amount/contributors) ≠ contribution when they have intentionally injured the π

when do claims not survive death | 2

defamation | false imprisonement

Public Officers are immune from liability when?

Always immune unless their actions are malicious -public employee is not immune