Gen. Considerations For All Tort Cases

Question 1

Doctrine of Respondeat superior

Answer 1

A master/employer will be vicariously liable for tortious acts committed by her servant/ employee if the tortious acts occurred within the scope of the employment relationship.

Question 2

Frolic and detour

Answer 2

An employee making a minor deviation from his employer’s business for his own purposes is still acting within the scope of his employment. If the deviation in time or geographic area is substantial, the employer is not liable

Question 3

Intentional torts and Respondeat superior

Answer 3

Usually held that intentional tortious conduct by employee is not within the scope of employment unless:

1) force is authorized in the employment
2) friction is generated by the employment
3) employee is furthering the business of the employer

Question 4

Independent contractors

Answer 4

A principal will not be vicariously liable for tortious acts of her agent if the agent is a independent contractor

Question 5

Two exceptions to the independent contractor rule

Answer 5

1) independent contractor is engaged in inherently dangerous activities
2) the duty, because of public policy considerations, is simply nondelegable

Question 6

Partners and joint ventures vicarious liability

Answer 6

Each member of a partnership or joint venture is vicariously liable for the tortious conduct of another member committed in the scope and course of the affairs of the partnership or joint venture

Question 7

Vicarious liability of the automobile owner

Answer 7

Generally an automobile owner is not vicariously liable for the tortious conduct of another person driving his automobile.

Two exceptions:

1) family car doctrine
2) permissive use

Question 8

Vicarious liability of a parents for child’s behavior

Answer 8

A parent is not vicariously liable for the tortious conduct of their children

Most states make parents liable for the intentional torts of their children up to a certain dollar amount

Question 9

Joint and several liability

Answer 9

Where two or more negligent actors combine to proximately caused an indivisible injury each negligent actor will be jointly and severally liable

Question 10

Contribution

Answer 10

allows a defendant who pays more than his share of damages under joint and several liability to have a claim against other jointly liable parties for the excess

Question 11

Indemnity

Answer 11

Involves shifting the entire loss between or among tortfeasors.

Available in the following circumstances:

1) by contract
2) vicarious liability situations
3) under strict products liability
4) in some jurisdictions where there’s been an identifiable difference in degree of fault

Question 12

Intrafamily tort immunities

Answer 12

They have been abolished

Question 13

Governmental tort immunity

Answer 13

Where it survives immunity attaches to governmental not proprietary functions

Question 14

What is a proprietary function

Answer 14

A function engaged in by a private person for profit

Question 15

Charitable immunity

Answer 15

There are none