Miscellaneous Flashcards
What is the test for nuisance?
Defendant intentionally interferes with the plaintiff’s use and enjoyment of their land
What is the test for respondeat superior?
The employer will be held vicariously liable for the actions of their employees if the tort occurred during the scope of employment
What kind of jobs will typically result in an employer being liable for torts of their employees?
- job involves an authorised use of force and that force is misused
- job involved friction, tension or controversy
- employee’s actions are because of a misguided desire to serve their employer
If an employer negligently hires and employee, will they automatically be liable for the employees actions, regardless of whether the employee is acting within the scope?
Yes, if employer fails to act reasonably in hiring, he may then be liable for employee’s subsequent actions
What is the vicarious liability test for independent contractors?
Generally, a contracting party is not vicariously liable for the actions of an independent contractor
When could an employer be liable for the actions of an independent contractor?
The activities performed are inherently dangerous
Public policy reasons
What is the vicarious liability standard owed by parents for their child’s actions?
Generally, parents will not be held liable for failing to prevent the tort of their children. However they need to exercise reasonable care to protect against the child known, dangerous propensities
How will co-defendants be held liable vis-a-vis each other?
Defendants will be held jointly and severally liable
If a P wins an action against multiple defendants from whom can they recover?
The plaintiff can seek full recovery from anyone of the defendant. The pain defendant can then get that out of pocket expenses back from the others according to their percentage of liability.
