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31 Cards in this Set

  • Front
  • Back
defamation for any private person
1. Uses the private person in public issue standard for all private persons

1. reqs
- publish of defamatory statement
- of and concerning p
- negligence
- false in some material respect
- suffered actual injury or harm
potential damages in punitive damages
No punitive or exemplary damages
False light privacy tort
Not recognized in MA
interference with a business relation
Adds requirement that interference must be improper in motive or means
wiretap statute
unlawful to intercept another's oral or wired conversation
wrongful discharge action
1. express contract
2. employer violated clearly established public policy
3. breached covenant of good faith and fair dealing (deprived of earned salary/commissions)
recovery of firefighters and police for injuries whlie doing job
Yes, can recover under MA statutes for negiglence of others
duty of landowner to protect passersby
Doesn't extend to publci roads crossing land. Only applies to adjacent sidewalk.
Duty owed to trespassers
1. trespassers: no duty or care. Must only refrain from reckless behavior.

2. must exercise reasonable care to eliminate danger to child trespassers

3. ordinary standard of care owed to all lawful visitors (non-trespassers)
Can party contract against liability for harm caused by negligence
Yes ordinary negligence

Not gross negligence
duty of landlords to guard against foreseeable criminal acts by third parties
Yes, residential landlords have higher duty than commercial landlords
effect of violation of statute
evidence of negligence

Not negligence per se
negligent infliction of emotional distress
MA recognized broader cause of action than most states.

close relatives may recover if witness accident or
arrive while injured person still on scene or
closely on heels of accident

**physical harm required
good samaritan law
emergency personnel exempt from liability when

1. render emergency aid

2. in good faith

3. as volunteer without fee
liability of people

1. giving cpr
2. helping crime victim
exempt from ordinary negligence

(professionals under good samaritan law exempt from all liability)
assumption of risk
only applicable in strict liability actions
partial negligence jurisdiction
comparative negligence completely bars recovery when p's negligence exceeds total negligence of all ds.

P can't recover if 50% or more negligent
strict liability in ma consumer products cases
Doesn't exist BUT

if injured by product, UCC warranties extended to any person a manufacturer, lessor, seller, cupplier might reasonably have expected to use, consume or be affected by goods
When is person who entrusts car to another liable?
when actual knowledge that borrower unfit to operate the vehicle
Can parents be held vicariously liable for child?
Yes, by statute, for willful torts of unemancipated minor child between 8 and 17
Liability for tavenkeeper
Illegal to supply alcohol to minors or intoxicated persons.

Violation is evidence of negligence
duty of social hosts/employers to those injured by drunk drivers
1. if underage drinker consumes voluntarily, no liability

2. if knew or should have known was drunk, and gave or permited person to drink, may be liable
loss of parental consortium
MA permits minor or adult child who is phsyically, emotionally, or financially dependent on parents to recover for loss of parent's consortium
Massachusetts tort claims act
1. scope
2. acts covered
3. limits of liability
1. scope
(a) all state and municipal govs
(b) not entities w/ substantial political independence like MBTA
(c) applies to state colleges and housing authorities
(d) doesn't apply to independent contractors hired by state

2. acts covered
negligence or wrongful acts or omissions
of public employees in scope of employment

3. limits of liability
(a) limited to 100,000 per plaintiff
MTCA claims procedure
1. written claim to officer of public employee w/2 years after cause of action arose

2. officer has 6 mths to act and inaction is denial of relief

3. can then bring lawsuit w/in 3 years of cause of action
Immunities under MTCA
1. no liability when public employee exercising due care in execution of law

2. no liability when claim based on performance/failure to perform discretionary functions

3. no liability for intentional torts (but can sue supervisor for negligent supervision of employee)
immunity under mtca
1. granting or withholding or permits or licenses

2. inepctions

3. claims against fire dept for failure to control fire

4. claims against police for failure to solve/prevdent crime

5. excape of prisoners, arrestees

6. judicial parties
When can public employers be sued for negligently failing to diminish harmful consequences of actions not caused by public employee
1. public employer made assurances

2. public employee intervened and left victim worse off

3. negligent maintenance of public property
Charitable immunity
liable to 20,000 max when tort committed in course of activity carried on to directly accomplish charitable purpose of org

**not commercial activity
**doesn't limit liability under ch. 93A
Claims against officers, directors in charitable immunity claims
immune when:

1. good faith

2) within scope of official duties

3) not caused by willful or wanton misconduct
Wrongful death act in MA
1. applies when bring tort claim after death on behalf of decedent

imposes liability on person whose negligence causes the death of another under such circumstances that the deceased could have recovered for personal injuries had he lived.

must be brought by personal representative