Miscellaneous Topics

Question 1

Nuisance

Answer 1

“unreasonable interefence w/ a person’s ability to use and enjoy own land”

Deliberate/negligent. Cts balance interest of uses of land. (Objective standard)

Question 2

Vicarious Liability

Answer 2

2 or more Def. P wants to sue party other than person who committed tort. Based on relationship between the parties.

Question 3

Respondeat Superior

Answer 3

1. EE/ER liable for torts committed w/in scope of employment.
2. Independent contractor= no vicarious liability, unless abnormally dangerous activity, nondelable duty, or IC hurts invitee (then land possessor/muni. is liable)
3. Owner/Driver of Car: owner not vicariously liable for torts created by driver, unless car lent for Owners errand
4. Parents/children: parents not vicariously liable for torts of children (no exceptions)

Question 4

Tort Contribution

Answer 4

Joint fault
General: If P sues multi Def. and wins; recovers 100% of money from Def. A; Def. A can recover from Def’s B&C. The jury should allocate fault between Def., then out of pocket Def, can recover from others afterwards

Question 5

Tort Indemnification

Answer 5

Solely the fault of others; Def A can get full reimbursement for “indemnification” under vicarious liability of SPL for distributor from mfg.

Question 6

Loss of Consortium

Answer 6

In any case where P is married, the uninjured spouse gets a COA in her name for:
1. Loss of services
2. Loss of company
3. Loss of sex
This is a derivative claims for injured P.