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18 Cards in this Set
- Front
- Back
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What is a nuisance?
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a type of harm in the law of torts
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What is the harm caused by a nuisance?
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an interference with the ability to enjoy one's own property to an unreasonable degree
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How can a def cause a nuisance?
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1. intentional
2. negligent 3. strict - run a factory - smoke stacks |
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How do courts look at nuisance?
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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.
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What to look for on the exam for nuisance?
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the answer that embodies balancing of the interests and unreasonable interference
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What is vicarious liability?
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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.
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When can you sue a passive party? (vicarious libability)
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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 |
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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. |
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When is an employer vicariously liable for the actions of an independent contractor?
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General rule - no vicarious liability
Exception - a land possessor will be vicariously liable if an IC injures an invitee. |
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When is an auto owner liable for the actions of an auto driver?
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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 |
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What is the permissive use rule in NY?
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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 |
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Are rental car companies vicariously for renters under federal law?
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no
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When are parents liable for the actions of their kids?
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parents are not liable for the torts of their children
in NY liability up to modest amounts ~$5k |
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What should you look for with vicarious liability?
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don't jump to vicarious liability, see if the "passive" party is liable under another theory.
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What is the general rule for co-defendant remedies?
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pay by percentage
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What is indemnification?
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co-defendant remedy - get 100%
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What is the remedy of loss of consortium?
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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 |
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What does the remedy of loss of consortium compensate for?
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1. loss of services-household work
2. loss of society - companionship 3. loss of sex |
