General consideration for all tort cases

Question 1

what is vicarious liability

Answer 1

liability for anothers tort

Question 2

What is respondeat superior?

Answer 2

EMPLOYERS are liable for the torts of EMPLOYEES committed w/i SCOPE OF EMPLOYMENT

Question 3

does respondeat superior apply to independent contractors usually?

Answer 3

NO

Question 4

Do intentional torts fall under respondeat superior?

Answer 4

these are USUALLY not w/i scope of employment

Question 5

when do intentional torts fall under respondeat superior?

Answer 5

1) FORCE is authorized
2) FRICTION is generated by this type of employment
3) employee is trying to FURTHER EMPLOYER’S Business

Question 6

generally are car owners vicariously liable for the torts of other drives?

Answer 6

generally no

Question 7

X/C that car owners are not vicariously liable for the torts of other drivers

Answer 7

1) “Family Car” Doctrine

2) “Permissive Use” Doctrine

Question 8

what is the family car doctrine

Answer 8

if a HOUSEHOLD MEMBER is using owners car with PERMISSION owner of car could be vicariously liable

Question 9

what is the permissive use doctrine for vicarious liability

Answer 9

ANYONE using car with permission of owner, owner can be vicariously liable

Question 10

are parents vicariously liable for the torts of their children?

Answer 10

NO

Question 11

what is the X/C that parents are not vicariously liable for the torts of their children

Answer 11

Intentional torts up to a limited dollar amount by statute

- IL willful and malicious tort up to $20k.

Question 12

what is joint and several liability

Answer 12

where multiple acts cause indivisible injury each D will be potentially liable for the ENTIRE JUDGMENT amount

Question 13

on exam should you assume joint and several liability?

Answer 13

Yes

Question 14

when is contribution and indemnification used?

Answer 14

where a D, because of joint and several liability, has paid more than their fair share of judgment and wants the other D to contribute or indemnify

Question 15

contribution rule

Answer 15

where D’s are more or less EQUALLY responsible, they will ultimately share the judgment equally

Question 16

indemnification rule

Answer 16

can get EVERYTHING from other D

Question 17

grounds for indemnification

Answer 17

1) the other D is a LOT MORE responsible
2) VICARIOUS LIABILITY ( can get it back from actual toreador)
3) Indemnification in product cases (retailer getting it back from manufacturer)

Question 18

comparative contribution

Answer 18

defendants will split up judgment according to “relative fault”

Question 19

What need to know for survival and wrongful death

Answer 19

can stand in no better position than decedent would have stood in had they lived.

Question 20

when is governmental immunity apply

Answer 20

immunity is available when it is for governmental functions ONLY

Question 21

when is governmental immunity not apply

Answer 21

when it is proprietary functions

- would a private person normally perform this function? If so no immunity.

Question 22

CL for leaving car to another and vicarious liability

Answer 22

CL: car owner NOT liable for torts by others committed while driving car

Question 23

traditional contribution rules where one tortfeasor pays the entire claim, what can the tortfeasor recover from the other tortfeasor

Answer 23

ALL tortfeasors were required to pay EQUAL SHARES REGARDLESS of their respective degree of fault

Question 24

comparative negligence states: comparative contribution system on jointly and severally liable

Answer 24

based on RELATIVE FAULT of the various tortfeasors.
- Nonpaying tortfeasors who are jointly and severally liable are required to contribute only IN PROPORTION OF THEIR RELATIVE FAULT.

Question 25

joint and several liability rule

Answer 25

each D found by the tier of fact to be at fault for an indivisible injury is LIABLE to the P for the ENTIRE amount of damages incurred, not just a portion of it.
- multiple recovery not allowed

Question 26

What is contribution rule

Answer 26

only govern whether a D required to pay more than his shares of damage has a claim against the other jointly liable parties for the excess.

• Contribution does not involve the amount of damages that the P can collect in the first place

Question 27

Does Contribution involve the amount of damages that the P can collect in the first place

Answer 27

no