Torts Quiz

[Dicta]

because you cannot take the TF's financial situation into account when deciding whether or not you should award punitive damages. You either should award or should not....

[jeffjoe]

Right.  Evidence of D wealth is not admissible in first part of trial.

Good Samaritan is a defense to intentional torts.  What are the exceptions to the Good Samaritan rule?

[Dicta]

if you charge for your services, gross negligence....ummmmm?

[jeffjoe]

if you charge for your services, gross negligence....ummmmm?

or you have a existing duty.

[jeffjoe]

The duty to mitigate damages is not absolute.  What is an exception?

[Dicta]

religious exception....

[jeffjoe]

religious exception....

is the basis religion?  must it be an organized religion or merely a recognized belief system?  or is it enough that it is a belief held by P?

[Dicta]

in the case we read the woman refused treatment for medical reasons, not to increase her recoverable damages. That is an exception to the duty to mitigate. As far as I can tell that is about as far as we will be tested on it. Me thinks you are spending dollars looking for dimes, my dear.

[jeffjoe]

in the case we read the woman refused treatment for medical reasons, not to increase her recoverable damages. That is an exception to the duty to mitigate. As far as I can tell that is about as far as we will be tested on it. Me thinks you are spending dollars looking for dimes, my dear.

I dunno.  I suspect the courts have not gone that far into it.


When does a duty to rescue exist?

[Dicta]

lets see: when there is a legal duty (tn statute says driver must attempt to render aid)
special relationship (host/guest etc)
if you contribute to the peril....
can't remember the rest. didn't we do this one before?