Torts/Misc. Equity Flashcards
What is private nuisance?
An action that unreasonably interferes with the use and enjoyment of P’s land in a way unique to P
Lexbar/Feb 2010
What is needed to obtain injunctive relief?
A showing that P’s remedy at law (i.e., money damages) is inadequate
Lexbar/Feb 2010
What is the defense of unclean hands?
A party seeking equitable relief must himself not have been guilty of inequitable or wrongful conduct (e.g., self-help/retaliation)
Lexbar/Feb 2010
What is the defense of laches and when is it available?
Laches is an equitable defense in which D claims that P failed to assert a right within a reasonable amount of time, and the delay in asserting the right prejudiced D’s interests and ability to defend against the claim
* Available in defending against equitable claims
Feb 2015
When is the defense of laches not allowed?
When there is an applicable statute of limitations
Feb 2015
When is specific performance an approrpiate remedy?
Where a party can show that there is an inadequate remedy at law for the damages caused by the other party’s breach of contract
* Doubs as to the adequacy of a remedy existing at law decided in favor of party seeking specific performance
Feb 2015
When do property owners owe a duty of care with respect to their property?
Duty to maintain property in reasonably safe condition when portions of their property expose the public to risk
* When property has elements which threaten public space, a duty is imposed
July 2016
What is Virginia’s Good Samaritan statute?
One who, in good faith, renders emergency care or assistance, is shielded from ordinary negligence, but not gross negligence
* Standard of care is that of a reasonable rescuer under the circumstances
July 2016
What is the effect of a pre-injury release provision in VA?
It is void against public policy–can K around injury to property but not personal injuries caused by negligence
Feb 2017
What is VA’s rule on liability for acts of an independent contractor?
Landowner NOT liable for negligence of indpendent contractor in improvement projects when the contractor has full control over the part of the premises being renovated
* Distinct from non-delegable duty to keep premises safe for customers that usually exists
Feb 2017
If a plaintiff seeks to assert conspiracy to interfere with her employment, what must she show?
A conspiracy to induce breach of contract requires showing that there was a conspiracy and pursuant to that conspiracy the contract was breached
* CONSPIRACY REQUIRES TWO OR MORE PERSONS (e.g., if b/w corporation and president, where president was sole agent of C engaged in “conspiratorial” conduct, there is no conspiracy)
Feb 2018
What type of employment state is VA and what exceptions exist?
AT WILL subject to exceptions for employees discharged in violation of established public policy
Feb 2018
What factors will a court look to in establishing liability through respondeat superior?
Assuming an employment relationship is established, they will look to whether the act was: (1) expressly or impliedly directed by the employer (or naturally incident to the business) and (2) whether it was performed with the intent to further the employer’s interest
July 2019
When may respondeat superior apply to the acts of an independent contractor?
When: (1) the activity is abnormally dangerous and (2) when the IC holds themselves out to be an employee
In general, look to amount of control exercised over IC
July 2019
What is a dramshop act and does VA have one?
Holds establishments serving alcohol strictly liable for accidents caused by those that are visibly overserved
* VA DOES NOT HAVE ONE–no SL for overserving
July 2019
