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Author Topic: Torts Quiz  (Read 37061 times)

Dicta

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Re: Torts Quiz
« Reply #90 on: December 21, 2004, 06:30:14 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....
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jeffjoe

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Re: Torts Quiz
« Reply #91 on: December 21, 2004, 06:43:40 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?
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Dicta

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Re: Torts Quiz
« Reply #92 on: December 22, 2004, 08:59:27 AM »
if you charge for your services, gross negligence....ummmmm?
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jeffjoe

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Re: Torts Quiz
« Reply #93 on: December 22, 2004, 11:04:51 AM »
if you charge for your services, gross negligence....ummmmm?

or you have a existing duty.
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jeffjoe

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Re: Torts Quiz
« Reply #94 on: December 27, 2004, 02:49:42 PM »
The duty to mitigate damages is not absolute.  What is an exception?
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Dicta

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Re: Torts Quiz
« Reply #95 on: December 29, 2004, 11:25:19 PM »
religious exception....
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jeffjoe

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Re: Torts Quiz
« Reply #96 on: December 30, 2004, 09:41:03 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?
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Dicta

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Re: Torts Quiz
« Reply #97 on: December 30, 2004, 12:18:25 PM »
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.
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jeffjoe

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Re: Torts Quiz
« Reply #98 on: December 30, 2004, 12:29:29 PM »
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?
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Dicta

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Re: Torts Quiz
« Reply #99 on: December 30, 2004, 12:35:59 PM »
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?
Until you go too far, you will never know how far you can go.
TS Eliot (poorly paraphrased by myself)