Fl Bar Essay - Torts

Front 1

PUNITIVE DAMAGES

Back 1

A civil remedy b/w private parties.

Punitive damages are awarded in civil actions to punish & deter D from engaging in reprehensible behavior

Front 2

RESPONDEAT SUPERIOR

Back 2

[Latin, Let the master answer.]

A CL doctrine. Makes ER liable for actions EE when the actions take place within the scope of employment.

Front 3

BATTERY

Back 3

(1) Act by D - bringing harmful or offensive contact to P's person

(2) intent D's part - to bring harmful or offensive contact to P's person,

AND

(3) causation

Front 4

IIED

Back 4

(1) an act by D amounting to extreme and outrageous conduct

(2) intent on the part of the D to cause P to suffer severe emotional distress or recklessness as to the effect of D's conduct

(3) causation

(4) damages (severe emo. distress)

Front 5

GOV'T IMMUNITY

Back 5

FL has wavied its immunity to a substantial extent for governmental or ministerial activities, but not for discretionary activities

the government will be liable for the torts of its employees to the same extent as a private employer under the respondeat superior doctrine

Hint 5

TEST:
planning vs. operational:
the government entity is immune from suit for its planning decisions, it is subject to suit for its operational decisions

Note: municipal immunity is waived to the same extent as state immunity

Front 6

PROCEDURAL MALPRACTICE

Back 6

Malpractice Cases (6 steps)

Hint 6

(1) claimant must first investigate the grounds for the claim and obtain a written opinion by a medical expert verifying that reasonable grounds for a claim exist

(2) at least 90 days before filing suit, the claimant must notify each prospective defendant by certified mail

(3) during this 90-day period, the claimant may not file suit, and the statute of limitations is tolled as to all potential defendants

(4) by end of 90-days, D's insurer must deliver to claimant either
(a) a rejection of the claim,
(b) an offer to settle, or
(c) an offer to admit liability and seek arbitration of damages

(5) the claimant must accept or reject an offer to admit liability within 50 days

(6) after completion of the presuit investigations, the parties may elect to have damages determined by voluntary binding arbitration (a claimant refusing arbitration may recover net economic damages and limited non-economic damages)

Front 7

ASSAULT

Back 7

Assault - Elements
(1) an affirmative act by D

(2) done w/ intent to place P in app.

(3) of an imminent harmful or offensive contact to his person AND

(4) that actually causes the plaintiff apprehension

Hint 7

Assault - 4 things to remember
(1) the plaintiff need not be placed in fear of the contact...and apprehension of contact that is offensive (not consented to) is sufficient

(2) the apparent ability to inflict the contact is all that is needed...the fact that it couldnt be carried out (because the gun was unloaded) is irrelevant

(3) the act requirement generally isnt satisfied by words alone -- there usually has to be some volitional movement of the body for there to be reasonable apprehension of imminent contact

(4) under the doctrine of transferred intent, the intent to inflict a battery satisfies the intent requirement for assault

NOTE-
assault requires that the plaintiff have an apprehension of contact from the defendant, whereas battery requires contact but not any apprehension beforehand

Front 8

CONTRIBUTORY NEG.

Back 8

CN