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Occupiers of Land
All Torts
| Question | Answer |
|---|---|
| What is the Owners Responsibility of the Land? | The Act generally provides that an owner of land owes no duty to keep the premises safe for entry or use by others for recreational purposes, or to give any warning of a dangerous condition, use, structure, or activity on the premises. |
| Property Owners Are Not Responsible for Trespasser Injuries? | As a general principle, property owners are not liable for injuries suffered by trespassers. There are, as we will see, exceptions to this rule. |
| What is the Occupiers’ Responsibility of the Land? | A land occupier owes a duty to warn licensees of, or make safe, natural or artificial conditions or activities involving any risk of harm known to the land. |
| What is a Mary Carter Agreement? | A Mary Carter agreement is one such arrangement whereby the Plaintiff settles w/one Defendant and goes to trial with the other Defendant. |
| What is an Indemnity? | An Indemnity is the duty of a party to compensate another for damages sustained (ex. Life Insurance). |
| What is Spousal Tort Immunity? | Prohibition against spouses suing each other is commonly referred to as "interspousal immunity." The immunity was established to prevent spouses from successfully prevailing in civil cases for recovery of damages in the case of a personal injury. |
| What is the Cardoza View? | A duty is owed to foreseeable Ps in the zone of danger (No injury equals no Negligence). |
| What is the Andrews View? | A duty is owed to all of society (Whether someone is hurt or not, there is Negligence). |
| What is the Rescue Doctrine? | Generally, in tort law, there is no duty to rescue another. However, if an individual negligently creates the need for a rescue—this creates a situation which puts another in peril—then a duty to rescue may arise for that individual. |
| What is By the Way of Synthesis? | The third step in legal reasoning is to synthesize the rules of law into a single coherent framework that can be applied to the facts. This requires that the lawyer determine the relationship that each rule bears to the others. |
| What is Contributory Negligence if you are a First Responder? | First responders might be negligent because they think your injuries aren't as bad as others, or they could just be ignoring you, which is Negligence. |
| You should lawyers be able to do with Proximate or Legal Cause? | approaches & their ramification and be able to: use or respond to them in an argument to present a lucid and logical legal argument for a particular result, and to utilize or respond to such modifying adjectives for the word cause, |
| What is Shifting Responsibility? (The burden is shifted to the 3rd person). | When the D has negligently created a risk of harm to the P, the failure of a 3rd person to intervene & take some action to prevent the risk from being realized, to prevent harm. |
| What is a Joinder? Bierczynski v. Rogers - (Jointly and Several liability) Tortfeasors can be sued jointly with the others. | The assertion of claims for or against parties in addition to a single plaintiff and single defendant. Impleading occurs when a third party— |
| What does Contributory Negligence mean in Alabama? | If you are Primarily responsible you will get no recovery. |
| If you see Pure Negligence, the fault of the P is? | Under the pure comparative negligence rule, damages are awarded based on the assigned fault determined by the courts. Even if the plaintiff was found 99 percent negligent, they are allowed to claim damages for the one percent they were not at fault for. |
| What is Modified Comparative Negligence A? | Plaintiff will not recover if they're found to be either equally responsible or more responsible for the resulting injury. In other words, in order to recover damages, the plaintiff must not be more than 50% at fault for the resulting injury |
| What is Modified Comparative Negligence B? | If P's Negligence is > 50%, he is barred from recovery. |
| What does FRCP (20) (a)(2) & Its State Law Counter Partys Say? | Joinder is now permitted when the D's acted in concert, when the D's acted independently to cause the same harm & even when the D's acted independently to cause different harms. |
| What is the 2nd situation in which Joint & Several Liability May be Imposed? | In cases which Ds fail to perform a common duty to the P. (Included are cases involving the liability of 2 parties based on their relationship to each other. (The liability a master for the acts of the servant). |
| Does the Adoption of Comparative Negligence require the Abolition of Joint & Several Liabilities'.? | No (See Coney v. J.L.G. Industries, Inc.) |
| In Adopting Comparative Negligence What did the Court Do? | Eliminated the total bar to recovery which a P had faced under Contributory Negligence. And in return for allowing a negligent P to recover, the court said fairness requires that a P's damages be reduced by the % of fault attributable to him. |
| Who bears the loss of any uncollectable share under Several Liability? | Under Several Liability each tortfeasor pays no more than its apportioned share and the Injured Party Bears the Loss of any uncollectable share. |
| Who are treated as one unit for purposes of allocation of fault? | All those who are vicariously liable (employer for employee, hospital for doctor, owner for driver, seller for manufacturer) |
| What is the English Joinder Rule, that is now altered by Statute? | The Original English Joinder Rule was that the P could obtain but one judgment against one or more Joint Tortfeasors. |
| What is the Collateral Liability? | P can see both @ wthe same time or separately. |
| What is Satisfaction & Release? | There may be only one full satisfaction of a claim through satisfaction of the judgment was that any partial satisfaction of the claim must be credited to the other parties who are liable. |
| A P may bring a series of separate actions against multiple tortfeasors liable for the dame damage, and take each to judgement, as long? | As he only collects on one. |
| What is Collateral Estoppel? | The doctrine of collateral estoppel, a common law legacy codified by Ashe v. ... All litigants have a "full and fair" opportunity to bring suit except where one party has brought effectively the same suit |
| Distinguish between Satisfaction and Release: | Satisfaction is acceptance of full compensation for the injury. Release is a surrender of the P's claim, which may be for only partial compensation or for no compensation at all. |
| Releases in the early Common Law were under seal, which disposed of the question of consideration and thus could not be given for no compensation. | True |
| What is an Accord and Satisfaction? (Used to settle legal claims) | a legal contract whereby two parties agree to discharge a tort claim, contract, or other liability for an amount based on terms that differ from the original amount of the contract or claim. |
| What is a Consent Judgement? | The claim is reduced to a judgment against one tortfeasor like the principal case, but the amt of damages is agreed by the parties rather than adjudicated by the court unlike the pricnpal case. |
| A Release is an agreement to release all claims against the D. | True |
| A Covenant not to sue is a Release. | False; is just a promise not to sue. |
| The parties to do a contract should always be given effect unless it in in violation of law or public policy? | Yes |
| What is a Liable Tortfeasor? | In some Jurisdictions, a release of the Negligent agent like the driver in an automobile accident or the doctor in a medical malpractice action, also releases the principal who is vicariiouly liable for the agent's conduct. |
| What are Successive Tortfeasors ors? | Driver runs into P and breaks his leg, dr. negligently treats the break, w/the result of a shorter leg. |
| What is the Mary Carter agreement and when does it exist? | It is a settlement agreement that exists when the P enters into a settlement w/one D, and goes to trial against the remaining D. |
| What is Spousal Tort Immunity? | Immunity established to prevent spouses from successfully prevailing in civil cases for recovery of damages in the case of a personal injury. |
| What is a Crossclaim? | A claim brought by one defendant against another in the same proceeding. |
| What is a Counter Claim? | A secondary claim brought by a defendant in a lawsuit on a co-defendant. |
| What is an Inpleader? | A suit pleaded between two parties to determine a matter of claim or right to property held by a third party. |
| Contribution and Indemnity are Mutually Exclusive Remedies. . | True |
| Which Tortfeasor is often referred to as the Original Tortfeasor? | Successive Tortfeasors |
| What are the Laws of Public Policy? | Public policy refers to laws and other actions of a government, including its funding priorities: attitudes, cultural ideals, and/or accepted rules specific to any branch of a particular government. |
| To achieve Rescuer status, one must demonstrate the following: | 1) The D was negligent to the person rescued & such negligence caused the peril or appearance of peril to the person rescued, 2) The peril or appearance of peril was imminent, 3) A reasonable prudent person would have concluded such peril or |
Created by:
drgedwards
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