Vicarious Liability
What is a doctrine that holds an employer liable for torts committed by an employee acting within the scope of employment.
Respondeat Superior
What are trespassing livestock?
owners can be held liable for strict liability when one of these animals intrude on another's land, even if utmost care was taken
What is an example of an activity that is always abnormally dangerous?
blasting
An unreasonable interference with a right common to the general public
What is a proper plaintiff?
adjacent landowners
What employers are generally not liable for torts committed by this category of workers
independent contractors
When are domestic animals held strictly liable, and what is the normal doctrine used for domestic animals?
when they are known to be dangerous, and negligence
When the harm that occurred is not that foreseeable harm from the activity. (animal eats babies from blasting)
What can a public nuisance interfere with?
Land, air, and water
What is a private nuisance?
an unreasonable interference with the use or enjoyment of a property interest in land
What is an exception that imposes liability on independent contractors when the defendant represents someone as their agent and the plaintiff reasonably relies on that representation
Apparent Authority
Owners of wild animals are subject to strict liability for this type of harm.
What is any harm caused that is characteristic of the animal’s dangerous nature?
What is the one factor that asks whether the activity involves a high degree of this.
risk of serious harm
when they suffer a different harm than the public
What is the difference between nuisance per accidens and nuisance per se?
Nuisance per accidens: in fact, are those which become a nuisance by reason of their location, or by reason of the manner in which they are constructed, maintained, or operated
Nuisance per se: at law is an act, occupation or structure which is a nuisance at all times under any circumstances, regardless of location or surroundings
What is the family car doctrine?
Places liability on the owner of a vehicle for negligent operation by a person using the vehicle with the express or implied consent of the owner for purposes of the business or pleasure of the owner’s family; the owner of an automobile is held vicariously liable when the car is negligently driven by a member of the immediate household
What is the primary defense to strict liability for dangerous animals, available when the plaintiff knowingly encounters the risk.
Assumption of Risk
What defense applies when a natural event is so extraordinary that the defendant could not foresee or guard against it?
Act of God (vis major)
What are the elements of an injunction?
Injunctions:
1. the character or extent of the harm suffered by or threatened to the plaintiff
2. the good faith or intentional misconduct of the harm suffered by or threatened to the plaintiff
3. the financial investments of the parties and the relative economic harm each will suffer from the grant or denial of an injunction,
4. Interest of the general public in the continuance of the defendant's enterprise
What are the elements of joint enterprise?
What are (1) an agreement, (2) a common purpose, (3) community of pecuniary interest, and (4) equal right of control?
Can zoo's be held strictly liable?
Not on their land, and if an animal escapes normal negligence
What are the factors for abnormally dangerous activities?
When is an interference unreasonable for a public nuisance?
1. whether the conduct involves a substantial interference with the public health, the public safety, the public peace, or public sphere, OR
2. whether the conduct is proscribed by a statute, ordinance or administrative regulation, OR
3. whether the conduct is of a continuing nature or has produced a permanent or long-lasting effect to the actor's knowledge and has a detrimental effect upon the public right
What is coming to the nuisance?
2. Coming to the nuisance: the majority rule is that the plaintiff is not barred from recovery for either a public or private nuisance by the sole fact that he "comes to the nuisance" by buying property adjoining the nuisance