Nuisance/Respondeat Superior/Independent contractor

Question 1

Private Nuisance:

Answer 1

Substantial, unreasonable interference with another private individual’s use or enjoyment of property. (Offensive, inconvenient, annoying to AVERAGE person in community. Injury must outweigh utility of D’s conduct

Question 2

Public nuisance:

Answer 2

unreasonably interferes with health, safety, property rights of community (using building for prostitution)

Question 3

Respondeat Superior:

Answer 3

Master/ER vicariously liable for tortious acts by EE if it occurred within scope of employment relationship. Minor deviations from work still are within scope of employment. NOT liable for intentional torts unless it is inherent in employment.

Question 4

Independent contractor liability:

Answer 4

Principal not liable UNLESS: I.C. engaged in inherently dangerous activity OR duty is nondelegable b/c it is so important to public policy (building fence around dig site)