12. Misc. Torts Flashcards Preview

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Flashcards in 12. Misc. Torts Deck (6)
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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)


Vicarious Liability

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


When are intentional torts within the scope of employment?

Intentional torts are usually outside the scope of employment, unless:

1. The employee is authorized to use a certain degree of force (ex. nightclub bouncer)

2. The job predictably leads to confrontation (ex. repo man, debt collector)

3. If the intention tort was committed in a misguided effort to serve the employer’s purposes (ex. overzealous store security guard stops all customers and store is sued for false imprisonment)