Torts MC question that is bugging the crap out of me.

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TJISMYHERO
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Torts MC question that is bugging the crap out of me.

Postby TJISMYHERO » Tue Dec 13, 2011 7:56 pm

This question is creating a bit of controversy. What do you all think?


Joe dies because a negligent third party killed him. He has a girlfriend who he has been living with for several years, but with whom he is not married with the benefit of clergy. The girlfriend is the named beneficiary in his will. Joe also has a young daughter who he has supported her whole life. Joe’s estate is valued at $100,000 but he has outstanding debts in the amount of $300,000. Who can make the most money off a wrongful death suit in a majority jurisdiction?

1) Daughter via a wrongful death suit
2) Girlfriend via a wrongful death brought by the estate which she then inherits


(spoiler: I think that 2) is the right answer because the majority of jurisdictions require the estate to bring wrongful death claims (not a Lord Campbell jurisdiction which statutorily names beneficiaries who can sue for wrongful death rather than allowing the estate to bring a wrongful death action), and the girlfriend would inherit the money after the estate sues.)
Last edited by TJISMYHERO on Tue Dec 13, 2011 8:08 pm, edited 1 time in total.

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joemoviebuff
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Re: Torts MC question that is bugging the crap out of me.

Postby joemoviebuff » Tue Dec 13, 2011 8:07 pm

Pretty sure you're not supposed to publish exam questions on TLS, jabroni.

randomdandom
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Re: Torts MC question that is bugging the crap out of me.

Postby randomdandom » Wed Dec 14, 2011 4:03 pm

Yeah. Though if its any comfort, TLS has no liability for your copyright-infringing post. Its all yours.

its been a while since torts, but fwiw, 2 is the better answer imho. Prof. was obviously testing bll and it seems he was pointing out that although Daughter is the one who suffered loss of "income" and thus makes out the prima facie case, Girlfirend will get the money.

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Extension_Cord
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Re: Torts MC question that is bugging the crap out of me.

Postby Extension_Cord » Wed Dec 14, 2011 4:07 pm

Holy 22 month bump batman!




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