Flashcards in 12. Misc. Torts Deck (6)
The interference w/ P’s ability to use and enjoy real estate to an unreasonable or excessive degree.
Is nuisance caused intentionally, or carelessly?
When do nuisance claims usually arise?
Often arise in incompatible land use (ex. factory next to hospital for asthma patients)
The P has been injured by someone who is an active tortfeasor, and P also wants to sue second D, who was completely passive
What relationships trigger vicarious liability?
Employer / Employee where the employee is the active tortfeasor: Employer will be vicariously liable if the employee committed the tort within the scope of employment