Forms of Vicarious Liability

Question 1

Respondeat Superior

Answer 1

Masters are vicariously liable for the tortious conduct committed by of their servants acting within the scope of employment.

Question 2

Relationship between Servant’s Conduct and Scope of Employment

Answer 2

Courts typically view certain factors like:

1. Cause of harm due to common tasks of servant
2. Previous relation of servant and master
3. Was the conduct foreseeable to the master
4. Similarity in quality of act done to act authorized
5. Was servant motivated to further interest of master

Question 3

Exceptions to I.C. Liability

Answer 3

1. Employer is negligent in selecting, instructing or supervising
2. Duty of the employer, arising out of some relation to the public or to the particular plaintiff, is nondelegable
3. Work is specifically, peculiarly, or inherently dangerous

Question 4

Ostensible Agent

Answer 4

When the acts or omissions of an employer induce a third party to reasonably believe that a person is the employer’s agent, the employer is as vicariously liable as if it were a master-servant relationship.

Question 5

Joint Tortfeasors: In Concert

Answer 5

Form of vicarious liability where all the defendants will be responsible for the harm actually caused by only one of them.

Question 6

Joint Tortfeasors: Independent

Answer 6

Each defendant actually causing harm to the plaintiff but under circumstances in which it is impossible to allocate the harm to either defendants conduct.