2. Intention to keep person’s personal property (intent) ■ Related to larceny, one is crime one is tort ○ Defenses ■ Borrowing and bringing it back (unless sold) ■ Consent- had permission to borrow it ● Nuisance ○ 1. Intangible intrusion (music, smells)- D disrupts P on P’s personal property ■ P cannot enjoy themself (injury) ■ If D was there first, P cannot sue ○ 2. Intruding in personal space (intent) (conduct) ■ Has to be consistent ○ Defenses ■ P moved to nuisance, nuisance was present first ■ Sometimes not for money (injunctions) EMPLOYER LIABILITY ○ If employee misbehaves within scope of their job, employer is liable ○ Scope of employment - if employee is doing their job description and commit tort, employer is responsible for employee (pizza guy texting)
● Joint & Several Liability ○ Multiple defendants, all fully liable, separately liable as individuals and jointly as a group ■ Occurs with suits that employee was responsible, and company is liable for the employee ○ Each D may be held responsible for the entire loss caused to the P ○ Can get money from any of the Ds, primarily concerned with P getting $ ○ If one D is 50% or more responsible, they are fully liable ■ Proportionate share liability if less than 50% ○ Contribution - if any D pays more than fair share they can sue the other Ds NEGLIGENCE- An accidental cause of action causing an injury ○ 1. Duty ○ 2. Breach ○ 3. Proximate Cause ○ 4. Injury ● Duty - general rule- we each owe a duty to every person who we can reasonably foresee might become injured by our carelessness ○ Reasonable Foreseeability : Anyone that is reasonably foreseeable, the victim can sue for negligence ○ Factors to determine duty ■ Foreseeability of harm to the plaintiff ■ Degree of certainty that P suffered an injury ■ Closeness of the connection between D’s conduct and the injury suffered ■ Moral blame attached to D’s conduct ■ Policy of preventing future harm ■ The extent of the burden to the defendant and consequences to the community of imposing a duty to exercise care with resulting liability ■ The availability, cost, and prevalence of insurance for the risk involved ○ Different levels of duty ■ Business owners have higher duty to employees and customers ● Customer has been “invited” into business ■ Duty of Landowners ● Invitees - people invited onto land, can sue for for negligence under ordinary rules- higher duty to them ● Licensees - people who go onto property to sell something or drop of an invitation, can sue for hidden dangers and intentional torts- lower duty ● Trespasser - person enters land with no right to do so, can only sue for intentional torts- almost no duty ● Breach - when D fails to exercise same care as a “reasonable person” ○ When someone is injured due to carelessness = breach ○ Court considerations ■ All circumstances of the case ● High crime area > landlords put extra locks on doors ■ Customs of others in the community or companies in the industry
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- Spring '08