Immunities and Mary Carte
close family members are immune from tort liability to each other, negligence is imputed
What is Intra-Family Immunity?
In an unexpected emergency requiring rapid response, a person is not negligent if they meet all three criteria
What is Negligence Standard of Care in Emergency Situation?
Tort measure: amount paid minus value received
What is the Damages - Out of Pocket Rule?
Any single tortfeasor can be held liable for the plaintiff’s entire damages; tortfeasors may then seek contribution from each other
What is Joint & Several Liability (Default MBE Rule)?
Absolute “drop-dead” deadline after which NO claim can be brought, regardless of discovery
What is the Statute of Repose?
What is Parental Immunity?
In contributory-negligence jurisdictions, plaintiff may still recover despite their own negligence if defendant had the last clear chance to avoid the injury
What is Last Clear Chance Doctrine?
Negligently supplied false information in a context where reliance was foreseeable
What is Negligent Misrepresentation?
Each tortfeasor is liable only for the portion of damages corresponding to their own proportionate fault
What is Several Liability?
SOL begins when the plaintiff knew or reasonably should have known of the injury and its cause
What is the Discovery Rule?
Historically barred all suits against charitable orgs
What is Charitable Immunity?
Plaintiff expressly assented to a liability waiver intended to cover the exact type of conduct that caused harm
What is Assumption of Risk - Express?
Strict liability imposed in two narrow situations: 1. Party to sales/rental transaction misrepresents to close deal; 2. Commercial seller’s advertising/labeling misrepresents to public causing physical injury
What is Strict Liability Misrepresentation?
Major wrongdoers (above statutory % fault) are jointly and severally liable; minor wrongdoers are several only
What is Hybrid Joint & Several (Threshold % Fault)?
Statutory time limit to file suit before the cause of action is barred
What is the Statute of Limitations (SOL)?
Government and its employees are immune for discretionary acts
What is Sovereign or Governmental Immunity?
Failure to wear a seatbelt may reduce damages or be barred from evidence
What is the Seatbelt Defense?
Defendant knowingly or recklessly misrepresented a material fact to induce justifiable reliance causing loss
What is Fraudulent (Intentional) Misrepresentation?
Defendants acted in concert (aiding/abetting or civil conspiracy)
What is a Concerted Action?
Plaintiff moved into an area where the defendant’s activity was already occurring
What is Coming to the Nuisance?
Settling defendant remains a party, guarantees plaintiff a minimum recovery, and has financial incentive to help plaintiff win against non-settling defendants
What is a Mary Carter Agreement?
Contributory negligence is imputed only when the relationship runs BOTH ways — each party is vicariously responsible for the other’s conduct
What is the Imputed Contributory Negligence (“Both Ways” Rule)?
Contract measure: value as represented minus value actually received. Example in PPT: $40 promised value – $14 actual = $26 recovery.
What is Damages - Benefit of the Bargain Rule?
One defendant fully shifts liability to another (complete repayment)
What is Indemnity?
Substantial and unreasonable interference with plaintiff’s use and enjoyment of land
What is Private Nuisance?