Law School Discussion

Torts Quiz

Slyone

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Re: Torts Quiz
« Reply #160 on: January 12, 2005, 09:26:31 AM »
Vicarious liability:
In Tn, the employer is liable for the employee's negligence solely on the doctrine of
"respondeat superior".

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?

Slyone

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Re: Torts Quiz
« Reply #161 on: January 12, 2005, 09:28:08 AM »
 A parent is statutorily responsible for negligent entrustment (or tortious activity) of a minor when?


jeffjoe

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Re: Torts Quiz
« Reply #162 on: January 12, 2005, 09:29:37 AM »
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?

Slyone

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Re: Torts Quiz
« Reply #163 on: January 12, 2005, 09:30:38 AM »
When is a sudden loss of consciousness "reasonably forseeable"?

Slyone

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Re: Torts Quiz
« Reply #164 on: January 12, 2005, 09:32:05 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?

Slyone

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Re: Torts Quiz
« Reply #165 on: January 12, 2005, 09:34:45 AM »
When is someone "negligent per se"?

jeffjoe

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Re: Torts Quiz
« Reply #166 on: January 12, 2005, 09:36:22 AM »
In short, only when the parent is negligent themselves.

When the parent knows or has reason to know of the child's tendency toward the tortious behavior.
When the child is under 18.
When the child lives at home.
When the parent has had a chance to correct the child's behavior.


A parent is statutorily responsible for negligent entrustment (or tortious activity) of a minor when?



Slyone

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Re: Torts Quiz
« Reply #167 on: January 12, 2005, 09:42:57 AM »
good, what about damages? they must have been willfully and maliciously caused. This excludes negligence. Think bullies, intentional tort, lazy parents.

jeffjoe

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Re: Torts Quiz
« Reply #168 on: January 12, 2005, 09:47:17 AM »
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.

jeffjoe

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Re: Torts Quiz
« Reply #169 on: January 12, 2005, 09:49:08 AM »
good, what about damages? they must have been willfully and maliciously caused. This excludes negligence. Think bullies, intentional tort, lazy parents.

limited to 10K for person and property