12. Misc. Torts Flashcards Preview

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Flashcards in 12. Misc. Torts Deck (6)
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1

Nuisance

The interference w/ P’s ability to use and enjoy real estate to an unreasonable or excessive degree.

2

Is nuisance caused intentionally, or carelessly?

Either

3

When do nuisance claims usually arise?

Often arise in incompatible land use (ex. factory next to hospital for asthma patients)

4

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

5

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

6

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)