PLA 3277 Lecture Notes - Lecture 8: Punitive Damages, Wrongful Death Claim, Absolution
23 Aug 2016
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Statute of limitation and repose affirmative defenses must be specifically plead. Contributory neg. not a defense if willfull and wanton neg or intentional conduct. Plaintiff can be a little bit of neg, and def must still be able to avoid being majority neg. Express: signing a release; won"t be enforced if it violates public policy. Implied: comes with the territory type of assumption, e. g. sports. Requires that plaintiff knew and understood the risk that is taken. Problematic when there are more than to neg parties. Comparative neg in fl and joint and several liability. Waiver of sovereign immunity- exists unless modified by statutes. Cap the amount of money they would require to pay. Exceptions for appeals to legislature or for insurance. Service to head of agency and dept of insurance. Employees- immune if within scope of duties, not in bad faith or with malice, not willful and.
