Apportionment Rules

Question 1

Definition

Apportionment

Answer 1

P wins (all/reduced) damanges. Apportions to who pays what among multiple Ds

Question 2

Indivisble Injuries

Answer 2

do not know who caused what

Question 3

Divisible Injuries

Answer 3

we know who caused what

Ex. One D hurt arm and another hurt leg

Question 4

Joint/Several Liability (Trad & MIN Rule)

Answer 4

P can collect all damages from any D
J/S: liability means more than one satisfaction for the judgment
(Contribution Claim)

Other D takes brute if other insolvent

Question 5

J/S Liability (Trad & Min Rule)

Contribution Claim

Answer 5

Even if D1 pays all the P’s damages, D1 has contribution claim against the other liable Ds (contribution = reimbursement)
*amt contribution based on % assigned (fault)

Question 6

Several Liability (Modern & MAJ Rule)

Answer 6

D only has to pay their assigned portion

P takes brute if D insolvent

Question 7

Several Liability (Potiental Issues/Problems)

Answer 7

• # 1: Insolvent D: J/S collects from D1, SL P cannot recover
• # 2: Immune Defendants: D wants damanges apportioned to as many people as possible because damanges will be lower
• # 3: Nonparties: D wants designation to nonparty (lower), P cannot recover from nonparty
• # 4: Negligence Enabling Intentional Tort: Intentional tortfeasor will be most likely be more at fault (Insurance will not pay damanges for intentional tortfeasors)

Question 8

Vicarious Liability

Answer 8

someone else who can be liable for someone else’s torts

Question 9

Definiation and Elements

Respondeat Superior

Answer 9

employer is liable for employee’s torts
(1) Employee (not independent contractor)
(2) Tort committed within scope of employment

Question 10

Element 1 of Respondeat Superior

Employee (factors)

Answer 10

Qualities of Job
*Method of payment (paying for job vs hourly)
* Length of employment (longer = more likely EE)

Qualites of Work
* Distinct nature of worker’s business (more distinct, favors IC)
* Specialization of worker’s skill (more specialization, favors IC)
*Materials & Place of work (more ER provides/controls = more likely EE)

Relationship with ER
* Extent of control/superior
*Relationships of work done to employers regular business

• Party and community belief

L$(S)D MERB

Question 11

Element 2 of Respondeat Superior - Scope

Going and Coming Rule

Answer 11

going to/from work (commuting) is not within the scope of employment
Exception: special errand is within scope (travel that’s party of employees usual duties or employer specially requested)

Question 12

Element 2 of Respondeat Superior - Scope

Frolic

Answer 12

complete departure from special errand is outside scope

Question 13

Element 2 of Respondeat Superior - Scope

Detour

Answer 13

minor deviation from special errand is within scope

Going Rogue

Question 14

Element 2 of Respondeat Superior - Scope

Factors to determine if within scope

Answer 14

*Nature/time/place of employees conduct
* Work employee hired to do
* Amount of time in the activity
* Employees intent
* Employer’s reasonable expectations
* Employees freedom in job duties

WI-FENT

Question 15

Special Errand

Answer 15

special errand is within scope (travel that’s party of employees usual duties or employer specially requested)