MISC (torts issues)

Question 1

Nuisance

Answer 1

Intangible interference with the ability to use and enjoy your property

-EXCESSIVE and UNREASONABLE
Ex. Noise, smoke, intense vibrations, bright lights

-considered to be acting intentionally if you know that its creates a nuisance
Ex. boiling cabbage
-balance interests→ factory vs. “just doing it”

-extremely sensitive plaintiffs normally do not recover

Question 2

Vicarious Liability (4 types)

Answer 2

1. Employee-Employer
2. Hiring party- Independent Contractor
3. Automobile Owner- Automobile Driver
4. Parents-Kids

*A DOCTRINE OF LAST RESORT
(FIRST) Can I hold D liable for his own conduct?
Negligent hiring, negligent entrustment, etc etc

Question 3

Employee-Employer (vicarious liability)

Answer 3

• during scope
• intentional torts are OUTSIDE of scope

exceptions:

• did employer authorize force? IF SO, misuse is within scope (bouncer)
• job predictably leads to confrontation (debt collector)
• conduct directly serves employers interest (overzealous sec guard)

Question 4

Hiring party- Independent contractor

vicarious liability

Answer 4

business owner liable if independent contractor hurts customer

Question 5

Automobile owner- Automobile driver

vicarious liability

Answer 5

Not vicariously liable for those who drive their car

EXCEPTION: doing an errand for car owner

Question 6

Parents-Kids (vicarious liability)

Answer 6

parents not liable for torts of their kids

Question 7

Co-Defendants (comparative contribution) ((FLORIDA))

Answer 7

based on percentages of fault of Ds

(FLORIDA ABOLISHED J and S)

Question 8

Indemnification (2)

Answer 8

where you can get all your money back

1. vicarious liability
2. products cases (ex. retailer get indemnity from manufacturer)

Question 9

Loss of Consortium claim

Answer 9

whenever a victim of a tort is married, the uninjured spouse gets a cause of action against the D→ DERIVATIVE CAUSE, any defenses you can raise against the injured, you can raise against uninjured

• loss of services (household services)
• loss of society (nobody to talk to, complain to, movies with, etc…)
• loss of sex

Question 10

Vicarious Liability ((FLORIDA)) (automobile owner- automobile driver)

Answer 10

permissive use state, YOU ARE VICARIOUSLY LIABLE FOR ANYONE DRIVING WITH PERMISSION

    → there are caps on the liability however
→ doesn’t apply to rental car companies
→parent not liable if no legal title or identifiable property interest