statute of limitations
Prescribed time period within which a claim or counterclaim must be brought - generally begins at point of injury
Discovery rule
P discovers or a reasonable person should have discovered:
- P is injured
-That the defendant's product of instrumentality had a casual role in the injury, or that there was enough chance that the defendant was connected with the injury to require further
differences between sol and sor
-Not everything has a sor (mostly everything has sol)
-They have different accrual rules (sol - begins at injury sor- begins at d's act)
Inter-spousal immunity
-General rule - not immune
-Some abolished in part: intentional torts/ auto negligence / etc
Parent-Child Immunity
1. General rule - immune until age of majority (vice versa) - minors cant sue and cant sue for things that happened as a minor
2. Parents are legally responsible to care for child
a. Exception -
i. Wilful intentional wanton misconduct
ii. If child is lega
Charitable Immunity
-History - protect good doers
-GR: maj - not immune because most charities run like businesses now - one engaged in a charitable, educational, religious or benevolent enterprise or activity is NOT for that reason immune from tort liability
-Min - places t
Implied wavier theory-
accepting benefits of charity waives right to sue
Trust fund theory -
money donated should be used for charitable purposes not for lawsuits
Federal Tort Claims Act (FTCA)
a. Except to the extent that the united states consents both to suit and to tort liability, it and its agencies are immune to the liability
b. Statutory provisions give the requisite consent to suit and liability for many types of tortious conduct
c. SO,
Damages
Money sought as a remedy for a breach of contract or for a tortious act. 3 types: nominal, compensatory, punitive
Nominal
vindicates rights, compensation for intangible things (symbolic) usually rewarded with 1 dollar
Compensatory
financial equivalent of loss (intended to make plaintiff whole) restore plaintiff back to "rightful" position - Has nothing to do with punishing defendant
Two types of Compensatory damages
economic and non economic
Economic
things we can put a monetary value to, wages, medical expenses
Non-economic
usually cut first because they are the hardest to calculate and the greyest and hardest to put a monetary figure on, pain and suffering, Loss of enjoyment of life
Physical pain
Pain endured during and after accident (non economic damage)
Emotional pain
Emotional distress, depression (non economic damage)
ways to Calculate pain and suffering
two ways approximation and
1st way to calculate p&S
Plaintiffs counsel tells jury pain and suffering and how much it amounts to everyday multiplied by the amount of days; Issues 1. Very speculative because theres no way to put dollar amount on pain and suffering 2. Allows plaintiffs counsel to introduce th
approximation
non economics is 2-3 times the economics
Punitive damages
damages meant to punish and deter defendant, Nothing to do with making defendant whole again
Mitigating damages
The obligation of the injured party in a breach of contract to keep losses or damages as small as possible
Comparative fault
plaintiff didn't act reasonably before harm causing instrumentality. Plaintiffs lack of due care helped cause the original harm causing instrumentality
Failure to mitigate
General rule- p must act reasonably to make sure harm didn't grow (or that they made it smaller or go away)
Factors to determine if they acted reasonably
1.Risk - how hazardous is procedure (If its dangerous reasonable person might not go through with it)
2. Probability of success - how likely would it have/have not worked (If more likely than not - reasonable for rp to do)
3. Money or effort
4. Pain - som