Term
| When can a plaintiff recover for emotional harm when there is no physical impact? |
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Definition
| Zone of danger and bystander liability. |
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Term
| When can a plaintiff recover for emotional harm in zone of danger? |
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Definition
| Plaintiff can only cover if plaintiff has a reasonable fear of immediate harm. (can also recover for emotional harm of watching an immediate family member suffer in addition to P's own fear) |
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Term
| What are the exceptions to the zone of danger rule? |
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Definition
| emotional harm related to corpses and false death notices |
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Term
| What are the conditions of bystander liability? |
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Definition
1. Close relation
2. Proximity
3. Direct Sense impression
4.serious injury
5. severe distress, Not just a little sad. |
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Term
| What is the general rule for recovery of economic harm? |
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Definition
| There must be a physical impact in addition to the economic harm. With a few exceptions. |
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Term
| What are the exceptions to the general rule of recovering for economic harm? |
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Definition
1. Negligent misrepresentation by a professional if person would foreseeably rely on the representation.
2. Loss of consortium- couples and sometimes parents that lose children. (derivative, if injured spouse can't recover neither can you.) |
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