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19 Cards in this Set
- Front
- Back
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Indemnity and Contribution are not available between __________
tortfeasers even though they are ________ and _________ liable. |
Intentional
Jointly Severally |
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Indivisible damages result in
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Joint and Several liability
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The SOL period begins upon the _______ of a __________ tort.
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Last Act
Continuous |
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What remedy is still available to a plaintiff, where defendant pays for the mailboxes destroyed and promises not to do it agains?
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Declaratory judgment because court is not ordering anything but giving binding injunctive relief
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If there are no _________ damages, ____________ damages are recoverable in the intentional tort
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Actual
Nominal |
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Insanity is _________ defense to intentional torts
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not a
McGuire v. Almy |
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Premises Liability is not strict liability thus __________
and some showing of _________ is required. |
No absolute Duty
Negligence |
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To assert a strict product liability claim against a manufacturer it must be established that the Product was _______ when it _____ manufacturer's control
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Defective
Left |
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Mnemonic for Misrepresentation is
F I R D |
False Statement
Intent to Deceive Reliance Damages |
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LL has _________ towards unknown _______ trespassers
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Limited Liability
Adult |
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Statute of Repose is _____
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A SOR may impose a much stricter deadline than SOL. A SOR, in contrast to a SOL, "is designed to bar actions after a specified period of time has run from the occurrence of some event other than the injury which gave rise to the claim."
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Statue of Repose regulates the _________ limits of a claim, meaning _________ end.
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Outer
Absolute |
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Statute of Repose fixes ________
of recovery |
maximum time
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Damages for Trespass depends on the privilege of _________ v. ____
necessity. |
Public
Private |
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Under public necessity the trespasser pays_________ under T pays ___________.
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No Damages
Actual Damages |
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Business Invitee status requires the property owner to ________ or ______ customer of known hazards
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Remedy
Warn |
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Landowner are not generally liable to for injuries caused by ________, even to children.
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Natural Dangerous Conditions
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LO is liable to adult licensees for ________ dangerous conditions
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Visible
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If the defendant's level of nuisance increase after P moved into the area, P may prevail
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on her private nuisance claim because she did not move to expanded nuisance, and expansion was not reasonably foreseeable.
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