Term
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Definition
| Is a substantial, unreasonable interference with another private individual's use or enjoyment of property. |
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Term
| Nuisance: substantial interference |
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Definition
| Substantial interference is interference that is so offensive, inconvenient, or annoying to the average person in the community. |
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Term
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Definition
| The severity of the inflicted injury must outweigh the utility of defendant's conduct |
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Term
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Definition
| Public nuisance is an act that unreasonably interferes with the health, safety, or property rights of the community |
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Term
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Definition
A master/employer will be vicariously liable for tortious acts committed by her servant/employee if the tortious acts occur within the scope of employment
Also, liable for own negligence |
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Term
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Definition
| An employee making a minor deviation from his employer's business for his own purposes is still acting within the scope of his employment. |
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Term
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Definition
Usually not within scope of employment.
Exception: force is authorized; friction is generated by employment; furthering the business of employer |
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Term
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Definition
A parent is not vicariously liable for the tortious conduct of the child at common law.
State statutes
Parent is liable for own negligence |
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Term
| Joint and several liability |
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Definition
| Where two or more negligent acts combine to proximately cause an indivisible injury, each negligent actor will be jointly and severally liable |
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Term
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Definition
| Recovery of full payment is satisfaction |
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Term
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Definition
| A release of one tort feasor does not discharge other tort feasors unless it is expressly provided for in the release agreement |
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Term
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Definition
| The rule of contribution allows a defendant who pays more than his share of damages under joint and several liability to have a claim against other jointly liable parties for the excess |
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Term
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Definition
| Most states have a comparative contribution system whereby contribution is imposed in proportion to the relevant fault of the various defendants. |
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Term
| Independent contractor situtation |
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Definition
1. inherently dangerous activity
2. non-delegable duties because of public policy
negligence in selecting contractor |
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Term
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Definition
Shifting of entire loss between or among tort feasors.
Indemnity is available: (1) by contract; (2) in vicarious liability situations; (3) under strict products liability |
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Term
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Definition
Survival actions allow one's cause of action to survive the death of one or more of the parties.
The acts apply to actions involving torts to property and torts resulting in personal injury.
Torts re: intangible personal interests expire at death. |
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Term
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Definition
| Wrongful death acts grant recovery for pecuniary injury resulting to the spouse and next of kin. |
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