Exam 18: Torts Against and Within the Family

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MATCHING -impaired, unwanted child seeks his or her own damages

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D

Define parental consortium between a parent and child.

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the right of a child to the normal companionship and affection of a parent

When is a child emancipated?

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when he or she is married or otherwise living independently with the express or implied consent of a parent or former legal guardian

What is an action for wrongful pregnancy, and is it allowed?

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MATCHING -parents of impaired, unwanted child seek their own damages

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There is intrafamily tort immunity for negligent or intentional property torts between parent and child.

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A parent can sue a defendant for tortious interference with the services owed by an emancipated child to his or her parent (loss of services).

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There is no intrafamily tort immunity for negligent or intentional property torts between spouses.

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Until a child is born it is not possible to commit a tort against that child.

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Dan is injured on a Ferris wheel operated by ABC.He sues ABC for negligence.________

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What is an action for wrongful adoption, and is it allowed?

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MATCHING -diminishing the marital relationship

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MATCHING -interference with the parent's right to household chores of a child

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MATCHING -sexual relations with the plaintiff's spouse

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MATCHING -able to survive outside the womb

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There is no intrafamily tort immunity for negligent or intentional property and personal torts between siblings.

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When is a child viable?

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A woman can sue for the loss of her husband's consortium in the same manner that a man can sue for the loss of his wife's consortium.

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MATCHING -parents of healthy unwanted child seek their own damages

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MATCHING -companionship, love, sexual relationship

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