Nuisance and vicarious liability

Question 1

What are the 3 elements of nuisance?

Answer 1

1. Substantial unreasonable interference with another private person’s ability to enjoy own land
2. Relief whether intentional, negligent, or without fault
3. P must show that, balancing equities, ability to use/enjoy land unreasonably interfered with

Question 2

When is an employer vicariously liable for intentional torts?

Answer 2

Vicariously liable for acts of employee within scope of employment

Generally no VL for intentional torts (outside scope), EXCEPT:

1. job requires force, employer authorizes (bouncer)
2. Job routinely causes friction (repo man)
3. Committed in misguided attempt to serve boss

Question 3

Do you have vicarious liability for independent contractors?

Answer 3

Hiring parties not VL, EXCEPT land possessor VL if independent contractor hurts invitee

Question 4

What is the NY auto permissive use doctrine?

Answer 4

VL whenever driver using car with owner’s permission
Presumption all drivers have owner’s permission
EXCEPT: rental car companies not VL for customers

Question 5

When is a parent vicariously liable for child?

Answer 5

Parents not liable for torts of children

NY: statutory liability to maximum of $5k, but not VL

Question 6

What is the comparative contribution between vicarious liability defendants?

Answer 6

1. Party held vicariously liable entitled to full indemnification by active tortfeasor
2. Non-manufacturer held strictly liable entitled to full indemnification from manufacturer in strict products case

Question 7

What is joint and several liability?

Answer 7

The doctrine of joint and several liability provides that when two or more tortious acts combine to proximately cause an indivisible injury to plaintiff, each tortfeasor will be jointly and severally liable for that injury.

Question 8

In the absence of joint and several liability, what is the tortfeasor liable to the plaintiff for?

Answer 8

They are liable for only the amount of damages that is proportional to their fault.

Question 9

What is a substantial interference with regards to nuisance?

Answer 9

A substantial interference is one that is offensive, inconvenient, or annoying to an average person in the community.

Question 10

What is an unreasonable interference with regards to nuisance?

Answer 10

The severity of the inflicted injury must outweigh the utility of the defendant’s conduct

Question 11

What will the court look to to balance competing interests with respect to nuisance?

Answer 11

In balancing respective interests, the court will take into account that every person is entitled to use his own land in a reasonable way, considering the neighborhood, the values of respective properties, the cost to the defendant to eliminate the condition complained of, and the social benefits from allowing the condition to continue.