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18 Cards in this Set

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What is a nuisance?
a type of harm in the law of torts
What is the harm caused by a nuisance?
an interference with the ability to enjoy one's own property to an unreasonable degree
How can a def cause a nuisance?
1. intentional
2. negligent
3. strict - run a factory - smoke stacks
How do courts look at nuisance?
balance the equities - look at the degree of interference and look at what the def is doing. Would this unfairly hinder the def if he was found liable.
What to look for on the exam for nuisance?
the answer that embodies balancing of the interests and unreasonable interference
What is vicarious liability?
the pl will have a valid coa against someon who directly committs the tort - active tort feasor - but the victim wants to sue another, passive party.
When can you sue a passive party? (vicarious libability)
1. based on the relationship b/w the passive and active party
a. employer - employee
b. employer - independent contractor
c. auto owner - auto driver
d. Parents - kids
When is an employer vicariously liable for actions of the employee?
What are the exceptions?
when the employee was acting in the scope of his employment
Respondeat Superior
Exceptions:
if force is part of the job description, the employer is liable for abuse of force
Where the job generates friction - repo man
if the employee engages in an intentional tort in a misguided effort to advance the employer's interest.
When is an employer vicariously liable for the actions of an independent contractor?
General rule - no vicarious liability
Exception - a land possessor will be vicariously liable if an IC injures an invitee.
When is an auto owner liable for the actions of an auto driver?
General rule - no vicarious liability
Exception - if you lend so they can do an errand for you, you are vicariously liable
NY departs from this - permissive use
Fed law exception w/ rental cars - no vicarious liability for customers
What is the permissive use rule in NY?
You are vicariously liable for anyone driving your car w/ permission
there is a presumption that anyone behind the wheel of your car has permission
Are rental car companies vicariously for renters under federal law?
no
When are parents liable for the actions of their kids?
parents are not liable for the torts of their children
in NY liability up to modest amounts ~$5k
What should you look for with vicarious liability?
don't jump to vicarious liability, see if the "passive" party is liable under another theory.
What is the general rule for co-defendant remedies?
pay by percentage
What is indemnification?
co-defendant remedy - get 100%
What is the remedy of loss of consortium?
when the victim of a tort is married, the spouse gets a separate COA against all the available def's for:
1. loss of services-household work
2. loss of society - companionship
3. loss of sex
What does the remedy of loss of consortium compensate for?
1. loss of services-household work
2. loss of society - companionship
3. loss of sex