Ashlee Moran
David F. Grassi, J.D., M.A
Law 1800
Week 13 Ch. 13
Due: 12/03/2023
1.
How are tort privileges and tort immunities different?
a.
Tort immunities provides an absolute defense against being liable for the tort whereas
tort privileges, although similar, only provide an affirmative defense to specific
categories or classes of people.
2.
What does the Federal Tort Claims Act provide for?
a.
The Federal Tort Claims Act provides the ability for private citizens to bring a claim in the
federal courts, against the United States when a person acting on the authority of the
United States for most torts.
3.
How is worker’s compensation a form of employer immunity?
a.
Worker’s compensation is a form of employer immunity because it acts as an insurance
policy paid for by the employer to allow an employee to recover any damages resulting
from the injury or death while performing their job duties if they are acting within the
scope of their position, regardless of who is at fault. It is considered the employees only
4.
Name and discuss three forms of tort reform which are covered in the book.
a.
One form of tort reform is the Statute of limitations. By setting time limits on the length
of time allowed for a claim to be made, there has been a reduction in cases brought
before the court.
b.
Placing a cap on the fees attorneys are allowed to charge for designated issues is
another type of tort reform. This reform assisted in reducing the costs of a lawsuit and
litigation. It also has eliminated the attorney’s benefiting greater than their client when
or if the plaintiff wins their claim.
c.
A third type of tort reform is the abolishment or reduction of the joint and several
liability rule. This allowed judgments against the defendants to be divided amongst each
other based on their amount of liability instead of the judgment being paid by one
defendant or being shared amongst them all.
