Nuisance, VL, Multiple Defendant Issues, misc.) (Module 14-15)

Question 1

Private Nuisance

Answer 1

P must show that the conduct was a substantial and unrxble intereference with their use/enjoyment of property

Substantial Inteference: offensive, inconvenient, or annoying to the average person in the community

Unreasonable Interference: severity of the injury must outweigh utility of D’s conduct

Question 2

Public Nuisance

Answer 2

Act that unrxbly interferes with the health, safety, or property of the community (ex. using a building for criminal activity like prostitution)

Recovery by a private party is only available if that party suffered unique damage not suffered by the public at large

Question 3

Remedies for Nuisance

Answer 3

1) damages
2) injunctive relief
3) abatement by self-help
- in private nuisance, P can use necessary force after they have made notice to the D and D refused to act

Question 4

Defenses for Nuisance

Answer 4

1) Legislative authority (ex. a zoning ordinance); not conclusive but persuasive
2) Contributory neg (only if suit is based on negligence)
3) “Coming to the Nuisance” (P can still bring a lawsuit if they purchased land next to an already existing nuisance; only way this is a defense is if P moved there for teh sole purpose of bringing harrassing lawsuit)

Question 5

Vicarious Liability (Employer/Employee)

Answer 5

• E’or liable if e’ee was acting in scope of employment when tort occurred
• Frolic = minor departure from work, e’or still VL
• Detour = substantial deviation in time/geographic area, e’or not VL

Intentional Torts - e’or will only be VL for int tort of e’ee if:
- e’ee if acting to further employer’s interests (removing rowdy customers)
- force is authorized by the employment (bouncer)
- friction generated by the employment (bill collector)

Question 6

Vicarious Liability
(Independ. Contractors)

Answer 6

• generally hiring party won’t be liable if they do not control the manner and method in which the K’or performs their job
• will be VL if IK is working on the business premises and putting customers in danger
• will be VL is IK is engaged in abnormally dangerous activity

Question 7

Vicarious Liability
(Autombile Owner for Driver)

Answer 7

General rule is that owner is not VL for tortious conduct of someone driving their car

Family Car Doctrine says that owner is VL for immediate family/household members driving

Permissive Use Doctrine imposes VL for anyone driving with permission (but does not include rental car companies)

Question 8

Vicarious Liability
(Parent-Child)

Answer 8

At common law parent isn’t liable for tortious behavior of child unless it’s a willful/intentional tort (only up to a certain $ amount)

But if parent is apprised of child’s conduct on past occassions they may be liable for their own negligence in not reigning in their crazy kid (letting them play with other kids when have history of attacking)

Question 9

Vicarious Liability
(Tavernkeepers)

Answer 9

Common Law - not liability for injuries resulting from patron’s intoxication (to the patron or any 3rd party)

Modern Law - “Dramshop Acts”’ usually create a cause of action in favor of 3rd person who is injured by intoxicated patron (but this is regular negligence not VL)

Question 10

Joint and Several Liability

Answer 10

P can recover full damages from any D they choose if there are multiple

Satisfaction & Release
- recovery of full payment is satisfaction and only one satisfaction is allowed
- a release of one tortfeasor doesn’t discharge the others

Contribution
- D can seek contribution from co-Ds if they pay more than their share of damages (usually determined by comparative fault; so if P gets full payment from D1 who’s 10% at fault, D1 can go after D2 for the 90%)

Indemnification
- entire loss shifted between Ds; usually available in VL and SL PL situations
- if a VL situation and the passive tortfeasor solely bc of their relationship with the active tortfeasor, then they can likely recover 100% indemnity from the active one

Question 11

Loss of Consortium

Answer 11

derivative suit by family (spouse) of injured party for loss of household services, companionship, sex

parent can bring LOC claim for child’s injury but child can’t bring for parent

Question 12

Survival and Wrongful Death Actions

Answer 12

Survival - allows one’s cause of action to survive after their death

Wrongful Death - grants recovery for pecuniary injury resulting fto spouse and next of kin; recovery allowed only to extent that deceased could have recovered in an actoin had they lived