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12 Cards in this Set

  • Front
  • Back
Intentional Torts: Prima Facie Tort
Intentional infliction of pecuniary harm without justification
defenses to the intentional torts: self defense - duty to retreat
retreat required before using deadly force unless:
(1) cannot do so safely
(2) is in his own dwelling
New york rules for libel and slander damages
are special damages required?

libel - YES only if statement at issue is defamatory only by extrinsic fact and not in one of the slander per se categories - otherwise YES

slander - NO only if statement at issue is defamatory on its face and in one of the slander per se categories - otherwise YES
standard of care owed by owners and/or occupiers of land: duty of possessor to those on the premises
legal status of P no longer determines the duty owned to him. the single standard of reasonable care under the circumstances governs all injuries on land.
Statutory Standards of Care: statutory standards for employees
Workers Comensation replaces any tort liability arising out of onthejob accidents
duty regarding negligent infliction of emotional distriss: P must be within the "target zone" or "zone of danger"
recovery limited to immediate family members exposed to immediate harm
damages: collateral source rule
in all actions for personal injury , property damage or wrongful death, courts are arequired to reduce a successful P damage award by the amount of any benefits that the P has recieved or will reveive from collateral sources
defenses to negligence: comparative negligence
P may recover even if P culpable conduct exceeds D
vicarious liability: automobile owner for driver
NY has adopted a permissive use statute that states:
(1) owner is not vicariously liable for intentionally tortious operation by the driver
(2) registration is prima facie evidence of ownership
survival and wrongful death: distribution damages when injury causes death
when a cause of action owned by devedent in his lifetime survies ad the injury causes death, the damages recovered in the action are part of his estate and will be distributed according to his will or by intestacy
survival and wrongful death: procedure (including SOL)
action must be brought within two years from the time of death
tort immunities: intra-family tort immunities - tort to person
there is no intra-family immunity of any kind in NY. however, a parent does not owe a duty to his child to exercise due care in supervising the child;s day to day activities; therefore, a child cannot sue his parents for negligent supervision