Nuisance/Vicarious Liability/Joint Tortfeasors

Question 1

Private Nuisance

Answer 1

(a) substantial, unreasonable interference;

(b) with use or enjoyment of property

Question 2

Public Nuisance

Answer 2

(a) substantial interference
(b) with health, safety, or property interests;
(c) special damages

Question 3

Respondeat Superior

Answer 3

(a) employee within scope of employment;
(b) frolic vs. detour;
(c) intentional torts presumed outside scope of employment

Question 4

Joint and Several Liability

Answer 4

(a) both liable for 100%, subject to indemnity and contribution
(b) exception for identifiable damage