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Messages - Slyone

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41
Nashville School of Law / Re: Torts Quiz
« on: January 12, 2005, 12:08:54 PM »
What are the exceptions to "no duty to aid"

42
Nashville School of Law / Re: Torts Quiz
« on: January 12, 2005, 12:07:39 PM »
In TN, when can a plaintiff recover for Negligent Infliction of ED?
Distinguish from other jurisdictions (if possible....)

43
Nashville School of Law / Re: Torts Quiz
« on: January 12, 2005, 12:00:43 PM »
hellloooo? I'm waiting?

going out on a limb here.....it doesn't apply........
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?

44
Nashville School of Law / Re: JJ at NSL
« on: January 12, 2005, 11:57:31 AM »
Well, we like them Yankee librals down he uh! Somebody got to educate us. ;)

45
Nashville School of Law / Re: Torts Quiz
« on: January 12, 2005, 11:56:25 AM »
I don't know? Trespassing? Attractive nuisance? Playground doctrine?
That's not until the final!  :D

46
Nashville School of Law / Re: Torts Quiz
« on: January 12, 2005, 11:54:40 AM »
yes, that's part of it. If a statute dictates a standard of care and you violate it then you are "negligent per se".
HOWEVER!
The injury must be the type of injury the statute was designed to prevent:
violating speeding ordinance and causing accident. driving without license and causing an accident is NOT neligent per se.
The plaintiff must be in the class of person that the statue was designed to protect:
speeding violation that results in crashing into a building, not another car, is NOT neg per se.
and the violation of the statute MUST HAVE CAUSED the injury.
If you are speeding and rear end a car and the person gets out and gets smashed you are not negligent per se......
make sense?
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.

47
Nashville School of Law / Re: Torts Quiz
« on: January 12, 2005, 11:42:57 AM »
good, what about damages? they must have been willfully and maliciously caused. This excludes negligence. Think bullies, intentional tort, lazy parents.

48
Nashville School of Law / Re: Torts Quiz
« on: January 12, 2005, 11:34:45 AM »
When is someone "negligent per se"?

49
Nashville School of Law / Re: JJ at NSL
« on: January 12, 2005, 11:33:09 AM »
Well, I guess you can stay.....

50
Nashville School of Law / Re: Torts Quiz
« on: January 12, 2005, 11:32:05 AM »
going out on a limb here.....it doesn't apply........
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?

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