Torts Quiz

[jeffjoe]

Uhm.

When P witnesses serious or fatal injury to another?

In TN, when can a plaintiff recover for Negligent Infliction of ED?
Distinguish from other jurisdictions (if possible....)

[jeffjoe]

I had to look it up.

Exceptions to no duty to aid:

When there is a special relationship
  Common Carrier
  Innkeepers and guests
  Employers and Employees
  Social host and guests
  Schools and students
  Parents and children
  Business and customers
 
When potential rescuer is responsible for the injury or peril

When duty is assumed

When duty is required by statute.  In Tennessee, drivers must render reasonable assistance when involved in an accident.

What are the exceptions to "no duty to aid"

d**mn.  brain freeze.   

when the duty is assumed.

[jeffjoe]

And I had to look up this one.


In bystander cases, P must
1) show was close enough to witness event (sensory observation)
2) show the injury to the third party was serious or fatal
3) suffer serious or severe emotional harm, proven through expert evidence

In Ramsey v. Beavers, court said P must be closely related to victim.
In Lourcey v. Scarlett, court said relationship was a factor to consider in calculating damages.

Uhm.

When P witnesses serious or fatal injury to another?

In TN, when can a plaintiff recover for Negligent Infliction of ED?
Distinguish from other jurisdictions (if possible....)

[jeffjoe]

On a related topic, what about the zone of danger rule?

[Slyone]

it doesn't matter in TN. Does it matter elsewhere?

[jeffjoe]

If my notes are right, the court abolished it.  Yes, I think it is still used in some jurisdictions, but I dunno.

it doesn't matter in TN. Does it matter elsewhere?

[jeffjoe]

What makes a intervening cause an superseding intervening cause?

[Slyone]

forseeability. if it is "unforseeable" it intervenes and destroys liability.
I believe an intentional tort is sonsidered forseeable and so is medical malpractice.
It is an issue for the jury---the keys left in the ignition case.

[jeffjoe]

Yup. 

In torts as a general rule, to whom is a duty owed?

forseeability. if it is "unforseeable" it intervenes and destroys liability.
I believe an intentional tort is sonsidered forseeable and so is medical malpractice.
It is an issue for the jury---the keys left in the ignition case.

[Slyone]

ME 

Nobody.......