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Author Topic: Torts Quiz  (Read 37784 times)

jeffjoe

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Re: Torts Quiz
« Reply #150 on: January 11, 2005, 01:58:50 PM »
When can a non viable fetus recover for wrongful death in TN?

Distinguish: wrongful pregnancy, wrongful birth, wrongful life.

A fetus cannot recover for wrongful death.  It's parents can.

Wrongful pregnancy is a pregnancy that results from negligently performed pregnancy abortion procedure or other and the child is healthy.

Wrongful birth is similar, but the child is not healthy.

Wrongful death is an action on the part of a child born unhealthy as a result of negligence.  This is not recognized in Tennessee.
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Slyone

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Re: Torts Quiz
« Reply #151 on: January 12, 2005, 12:15:39 AM »
When can the parents of a non viable fetus recover for it's death?
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Slyone

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Re: Torts Quiz
« Reply #152 on: January 12, 2005, 12:16:38 AM »
I'm sure you meant to say "wrongful life"
When can a non viable fetus recover for wrongful death in TN?

Distinguish: wrongful pregnancy, wrongful birth, wrongful life.

A fetus cannot recover for wrongful death.  It's parents can.

Wrongful pregnancy is a pregnancy that results from negligently performed pregnancy abortion procedure or other and the child is healthy.

Wrongful birth is similar, but the child is not healthy.

Wrongful death is an action on the part of a child born unhealthy as a result of negligence.  This is not recognized in Tennessee.
If there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought, not free thought for those who agree with us but freedom for the thought that we hate.
Oliver Wendell Holmes

Slyone

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Re: Torts Quiz
« Reply #153 on: January 12, 2005, 12:17:53 AM »
Give me 3 cases in which Tennessee changed the law after examining other jurisdictions...
(please)
If there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought, not free thought for those who agree with us but freedom for the thought that we hate.
Oliver Wendell Holmes

NervousYet?

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Re: Torts Quiz
« Reply #154 on: January 12, 2005, 10:31:54 AM »
When can the parents of a non viable fetus recover for it's death?

In Tennessee, the parents can't. The fetus must be viable.

jeffjoe

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Re: Torts Quiz
« Reply #155 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.
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Slyone

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Re: Torts Quiz
« Reply #156 on: January 12, 2005, 11:06:56 AM »
Think you better check those cases!
In the review the second year student said to know other jurisdictions that TN looked at when they changed the law.
We are responsible for common law and Tn law!

Yes, the fetus must be viable. May be incubated but must be viable, even if born alive.
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If there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought, not free thought for those who agree with us but freedom for the thought that we hate.
Oliver Wendell Holmes

jeffjoe

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Re: Torts Quiz
« Reply #157 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?
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Slyone

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Re: Torts Quiz
« Reply #158 on: January 12, 2005, 11:23:23 AM »
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!
If there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought, not free thought for those who agree with us but freedom for the thought that we hate.
Oliver Wendell Holmes

jeffjoe

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Re: Torts Quiz
« Reply #159 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!
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