blaw 1320 week 4/5 other topics in torts

vicarious liaiblity

employers are liable for the tors of their employees

occupiers liability

occupiers have a duty of care to their guests, even unwelcome ones

strict liability (rylands v fletcher rule)

rylands hired contractors to buld a resevoir on his land but flooded into a coal mine owned by fletcher.

building a resevoir is a non natural use of land and did harm, and caused damages. ryland is also liable to the contractors for malpractice

nuisance

someone itnterfering use and enjoyment of property

private nuisance

ones privacy is affected

public nuisance

interfere with the community’s interests. only the government can sue

general damages

compensates someone for the injury they have caused

thin skull rule

if you committed a wrong, you take then victim as you find them

aggravated damages

compensates someone for mental distress or humiliation suffered from the wrongdoing

punitive damages

punishes a person for outrageous conduct

nominal damages

recognizes legal infringement that doesn;t result in injury e.g walking across someone’s land

disgorgement

recovers enrichment of infinging party

eg. someone cuts your tree to improve their view, you seek to recover the amount in their property gained in value than the value of your tree

injunction

a court order that forces someone to do something or to stop doing something