MBE: Miscellaneous torts

Question 1

Nuisance

Answer 1

Public nuisance is established if the community’s right to health, safety, or property have been interfered with to an unreasonable degree, requiring a balance of interests.

Private nuisance is established if Ps abiity to use or enjoy the land has been interfered w/ to a substantial and unreasonable degree, requiring balance of interests.

Question 2

Loss of consortium

Answer 2

If V is married, uninjured spouse may claim damages for loss of: domestic service, companionship, sexual intimacy.

Question 3

Vicarious liability

Answer 3

Arises out of specific relationships

Employer-employee: respondeat superior when employee commits tort while w/in scope of liability unless, job entails use of force, employer authorizes, or motivated by desire to benefit employer.

Hiring party/independent contractor: no VL except land possessors are liable for independent contractor injuries to invitees.

Car owner/car driver: generally no VL unless owner lends car to driver for owner errand or owner provides express/implied permission to immediate family member.

Parent-child: generally no VL, unless there is negligence or negligent entrustment.

Question 4

Joint and severable liability

Answer 4

Two or more neg acts are proximate cause of injury. If indivisible each D is liable for entire amount of damages. If divisible each D is liable for their identifiable protion. I Ds acting in concert, each D liable for entire amount.

Question 5

Contribution

Answer 5

Typically relative to proportion of fault; min apportionment in equal shares.

Question 6

Indemnity

Answer 6

Shifts entire loss between or among tortfeasors if by K, VL, strict products liability, or identifiable difference in degree of fault in some jx.