Law School Discussion

Torts Quiz

Dicta

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Re: Torts Quiz
« Reply #90 on: December 21, 2004, 04:30:14 PM »
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

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Re: Torts Quiz
« Reply #91 on: December 21, 2004, 04:43:40 PM »
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

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Re: Torts Quiz
« Reply #92 on: December 22, 2004, 06:59:27 AM »
if you charge for your services, gross negligence....ummmmm?

jeffjoe

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Re: Torts Quiz
« Reply #93 on: December 22, 2004, 09:04:51 AM »
if you charge for your services, gross negligence....ummmmm?

or you have a existing duty.

jeffjoe

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Re: Torts Quiz
« Reply #94 on: December 27, 2004, 12:49:42 PM »
The duty to mitigate damages is not absolute.  What is an exception?

Dicta

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Re: Torts Quiz
« Reply #95 on: December 29, 2004, 09:25:19 PM »
religious exception....

jeffjoe

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Re: Torts Quiz
« Reply #96 on: December 30, 2004, 07:41:03 AM »
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

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Re: Torts Quiz
« Reply #97 on: December 30, 2004, 10:18:25 AM »
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

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Re: Torts Quiz
« Reply #98 on: December 30, 2004, 10:29:29 AM »
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

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Re: Torts Quiz
« Reply #99 on: December 30, 2004, 10:35:59 AM »
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?