10. Vicarious Liability

Question 1

What is required for vicarious liability under ‘Respondeat Superior’?

Answer 1

1) Master/Employer; Servant/Agent relationship

2) Acted within scope of employment
- Minor deviation from Employer’s business in terms of time/geographic area (e.g. running personal errand) (NOT substantial deviation/’frolic’)
- Employee’s intentional torts (authorised force/friction generated by debt collector/furthering Employer’s business)

Question 2

How can Employer be liable for supervision or selection of Employee?

Answer 2

1) Employer’s negligence (NOT vicarious liability)

2) Employee acted within scope of employment

Question 3

What is required for Principal’s vicarious liability for Independent Contractor?

Answer 3

(Generally NOT liable)

Inherently dangerous activities

Non-delegable duty (public policy)

Question 4

How can Principal be liable for supervision or selection of Contractor?

Answer 4

Principal’s negligence (NOT vicarious liability)

Question 5

What is required for Partner/Joint Venturer’s vicarious liability?

Answer 5

Act witin scope + course of partnership/joint venture (anything involving sharing expenses)

Question 6

What is required for Automobile Owner’s vicarious liability for Driver’s act?

Answer 6

(Generally NOT liable)

Family car doctrine

1) Owner’s consent (express/implied)
2) Driver: Immediate family/household member

Permissive use
- Owner’s consent (express/implied)

OTHERWISE check negligent entrustment

Question 7

How can Automobile Owner be liable for Driver’s act?

Answer 7

Negligent entrustment of vehicle (NOT vicarious liability)

1) D was present in car at time of accident
2) D could have prevented negligent driving

Question 8

How can Bailor be liable for Bailee’s act?

Answer 8

Negligent entrustment of bailed object (NOT vicarious liability)

Question 9

How can Parent be liable for Child’s act?

Answer 9

(Generally NOT liable at common law)

Vicarious liability

• Child’s intentional/wilful tort (up to certain dollar amount)
• Child acting as agent for Parent

Negligence

• Consent towards Child’s act
• Lack of due care despite knowledge of Child’s tendency to injure others on past occasions

Question 10

How may Tavernkeepers (intoxicating beverage sellers) be liable for Buyer’s/TP’s intoxication?

Answer 10

Vicarious liability
- Dramshop Act (NOT common law)

Negligent liability
- Foreseeable risk of serving minor/obviously intoxicated adult (NOT Dramshop Act)

Question 11

What type of torts is joint and several liability imposed towards?

Answer 11

Vicarious liability

Negligent entrustment

Question 12

What is the purpose of indemnification?

Answer 12

Relief towards paying party