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Messages - jeffjoe

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51
Nashville School of Law / Re: Torts Quiz
« on: January 12, 2005, 12:02:37 PM »
I don't know? Trespassing? Attractive nuisance? Playground doctrine?
That's not until the final!  :D

Owner is not liable unless there is a concealed or hidden danger.  That case we read ruled that water by itself is not an unreasonable risk.

But to be safe he should fence it in.




Captain of the ship doctrine is not law in Tennessee anymore.

52
Nashville School of Law / Re: Torts Quiz
« on: January 12, 2005, 11:50:32 AM »
Here's one from real life.  Someone on TBA-Link sent this.  So, what if a kid blindly walks into the pond and drowns?


 I have a client who is developing a rather large subdivision (back from the days when I did real estate stuff - no more).  One phase involves a number of lots surrounding a large pond.  The lots technically go out to the center of the pond where they all meet so that eventually, when all the lots are sold, the homeowners will own their own portion of the pond, presumably with easements over the other portions for purposes of fishing, etc.  Until all the lots are sold, my client still owns the unsold lots.  Some of the sold lots have children living there.
 
Question:  He has tried to get general liability insurance to cover himself should any of these children blindly walk in to the pond while the parents are drunk on the couch and drown.  He cannot find any insurance companies to insure him for any substantial amount.
 
Do any of you dirt lawyers know of any insurance companies he might try?  Thanks.

53
Nashville School of Law / Re: Torts Quiz
« on: January 12, 2005, 11:49:08 AM »
good, what about damages? they must have been willfully and maliciously caused. This excludes negligence. Think bullies, intentional tort, lazy parents.

limited to 10K for person and property

54
Nashville School of Law / Re: Torts Quiz
« on: January 12, 2005, 11:47:17 AM »
When is someone "negligent per se"?


I'm not 100% sure, but I believe it is when you break a law in the performance of a tort.

55
Nashville School of Law / Re: Torts Quiz
« on: January 12, 2005, 11:36:22 AM »
In short, only when the parent is negligent themselves.

When the parent knows or has reason to know of the child's tendency toward the tortious behavior.
When the child is under 18.
When the child lives at home.
When the parent has had a chance to correct the child's behavior.


A parent is statutorily responsible for negligent entrustment (or tortious activity) of a minor when?



56
Nashville School of Law / Re: Torts Quiz
« on: January 12, 2005, 11:29:37 AM »
Yes, but what about captain of the ship?

Vicarious liability:
In Tn, the employer is liable for the employee's negligence solely on the doctrine of
"respondeat superior".

When does captain of the ship doctrine apply in Tennessee?

57
Nashville School of Law / Re: Torts Quiz
« on: January 12, 2005, 11:25:36 AM »
No, I have my other ears on.  Good advice, bad question.

Captain of the ship doctrine applies when in Tennessee?



Dude, got your listening ears on?
We do not have to list cases nor do we have to know case names but we do need to know how Tn law differs from other jurisdictions and why. Thus the advice!

58
Nashville School of Law / Re: Torts Quiz
« on: January 12, 2005, 11:15:15 AM »
I don't think we will be required to list cases where the court looked at other jurisdictions.

I know we will need to know the common law, too. 




When does captain of the ship doctrine apply in Tennessee?

59
Nashville School of Law / Re: Torts Quiz
« on: January 12, 2005, 10:33:05 AM »
Give me 3 cases in which Tennessee changed the law after examining other jurisdictions...
(please)

I suspect this will not come up on the exam.

Besides I can't remember.

Right, I meant wrongful life.

And right, viable fetus only.

60
I don't think her image of herself would allow her to change her mind.

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