Torts - Other Topics Flashcards
1
Q
What is the standard for a nuisance claim?
A
An interference with your ability to use your real estate to an unreasonable degree. Harm is too great to bare. Doesn’t matter if intentional or not. [Weight D’s right to use vs. burden to P]
2
Q
What is loss of consortium?
A
In any case where the victim of a tort is married, the uninjured spouse gets a cause of action against all the same defendants subject to all the same defenses.
Allow recovery for three special categories of damages:
(1) Loss of services
(2) Loss of society (companionship)
(3) Loss of sex
3
Q
When is liability imposed on vendors intoxicating alcohol?
A
At CL -> No liability
If Dram Shop Acts - Impose Liability.