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VA: Final Review > Torts > Flashcards

Flashcards in Torts Deck (17):
1

When can a plaintiff get punitive damages for assault?

D commits malicious acts

2

Is there a physical injury req't for IIED?

No - severe emotional distress is sufficient

3

Intentional Torts: Defense of Others

"Step into the Shoes" - person may defend another person w/ force ONLY when the other person could have used force in self-defense

4

Defamation: Libel per se

Statement is libelous on its face
• don't need not prove special damages

5

Defamation: Libel per quod

Statement not libelous on its face
• must prove special damages

6

Privacy (Appropriation): Elements of COA

1. D uses P's name or image
2. For commercial gain

7

Negligence: Duty of Care: Kids

Below 7 --> no duty (NL)
7-14 --> rebuttable presumption no duty (NL)
15 --> duty (L)

8

Negligence: Attractive Nuisance Doctrine?

No - BUT when kids are involved, the person must exercise a greater duty of care than that expected when only adults are involved

9

Negligent Infliction of Emotional Distress

P must prove by clear and convincing evidence that the distress caused symptoms or manifestations of physical injury

10

Negligence: Bystanders

Not w/in zone of danger --> no recovery

11

Negligence: Defense

Contributory Negligence (completely bars P's recovery)

12

Products Liability: Lack of Privity Defense?

Not for negligence or breach of warranty (express or implied) claims against a mfr or seller of goods

13

Vicarious Liability: Family Car Doctrine?

No - automobile's owner NL for immediate family or household member's tort while driving that automobile w/ owner's permission

14

Vicarious Liability: Parent-Child

Parents is LIABLE for child's willful or malicious damage to public or private property (up to $2.5K)

15

Tort Immunity: Charities

Charitable institutions are immune from liability for negligence arising from their servants or agents IF due care exercised when they selected or retained those ppl

16

Which torts has VA abolished (5)?

1. Alienation of Affection
2. Criminal Conversion
3. Breach of Promise
4. Seduction Under Breach of Promise
5. Civil Seduction

17

Gross Negligence: Standard

Willful and wanton disregard