Mass Distinctions: Torts

Front 1

defamation for any private person

Back 1

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

Front 2

potential damages in punitive damages

Back 2

No punitive or exemplary damages

Front 3

False light privacy tort

Back 3

Not recognized in MA

Front 4

interference with a business relation

Back 4

Adds requirement that interference must be improper in motive or means

Front 5

wiretap statute

Back 5

unlawful to intercept another's oral or wired conversation

Front 6

wrongful discharge action

Back 6

1. express contract
2. employer violated clearly established public policy
3. breached covenant of good faith and fair dealing (deprived of earned salary/commissions)

Front 7

recovery of firefighters and police for injuries whlie doing job

Back 7

Yes, can recover under MA statutes for negiglence of others

Front 8

duty of landowner to protect passersby

Back 8

Doesn't extend to publci roads crossing land. Only applies to adjacent sidewalk.

Front 9

Duty owed to trespassers

Back 9

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)

Front 10

Can party contract against liability for harm caused by negligence

Back 10

Yes ordinary negligence

Not gross negligence

Front 11

duty of landlords to guard against foreseeable criminal acts by third parties

Back 11

Yes, residential landlords have higher duty than commercial landlords

Front 12

effect of violation of statute

Back 12

evidence of negligence

Not negligence per se

Front 13

negligent infliction of emotional distress

Back 13

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

Front 14

good samaritan law

Back 14

emergency personnel exempt from liability when

1. render emergency aid

2. in good faith

3. as volunteer without fee

Front 15

liability of people

1. giving cpr
2. helping crime victim

Back 15

exempt from ordinary negligence

(professionals under good samaritan law exempt from all liability)

Front 16

assumption of risk

Back 16

only applicable in strict liability actions

Front 17

partial negligence jurisdiction

Back 17

comparative negligence completely bars recovery when p's negligence exceeds total negligence of all ds.

P can't recover if 50% or more negligent

Front 18

strict liability in ma consumer products cases

Back 18

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

Front 19

When is person who entrusts car to another liable?

Back 19

when actual knowledge that borrower unfit to operate the vehicle

Front 20

Can parents be held vicariously liable for child?

Back 20

Yes, by statute, for willful torts of unemancipated minor child between 8 and 17

Front 21

Liability for tavenkeeper

Back 21

Illegal to supply alcohol to minors or intoxicated persons.

Violation is evidence of negligence

Front 22

duty of social hosts/employers to those injured by drunk drivers

Back 22

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

Front 23

loss of parental consortium

Back 23

MA permits minor or adult child who is phsyically, emotionally, or financially dependent on parents to recover for loss of parent's consortium

Front 24

Massachusetts tort claims act
1. scope
2. acts covered
3. limits of liability

Back 24

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

Front 25

MTCA claims procedure

Back 25

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

Front 26

Immunities under MTCA

Back 26

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)

Front 27

immunity under mtca

Back 27

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

Front 28

When can public employers be sued for negligently failing to diminish harmful consequences of actions not caused by public employee

Back 28

1. public employer made assurances

2. public employee intervened and left victim worse off

3. negligent maintenance of public property

Front 29

Charitable immunity

Back 29

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

Front 30

Claims against officers, directors in charitable immunity claims

Back 30

immune when:

1. good faith

2) within scope of official duties

3) not caused by willful or wanton misconduct

Front 31

Wrongful death act in MA

Back 31

1. applies when bring tort claim after death on behalf of decedent

2.
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.

3.
must be brought by personal representative