12. Misc. Torts

Question 1

Nuisance

Answer 1

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

Question 2

Is nuisance caused intentionally, or carelessly?

Answer 2

Either

Question 3

When do nuisance claims usually arise?

Answer 3

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

Question 4

Vicarious Liability

Answer 4

The P has been injured by someone who is an active tortfeasor, and P also wants to sue second D, who was completely passive

Question 5

What relationships trigger vicarious liability?

Answer 5

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

Question 6

When are intentional torts within the scope of employment?

Answer 6

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)