General consideration for all tort cases Flashcards
what is vicarious liability
liability for anothers tort
What is respondeat superior?
EMPLOYERS are liable for the torts of EMPLOYEES committed w/i SCOPE OF EMPLOYMENT
does respondeat superior apply to independent contractors usually?
NO
Do intentional torts fall under respondeat superior?
these are USUALLY not w/i scope of employment
when do intentional torts fall under respondeat superior?
1) FORCE is authorized
2) FRICTION is generated by this type of employment
3) employee is trying to FURTHER EMPLOYER’S Business
generally are car owners vicariously liable for the torts of other drives?
generally no
X/C that car owners are not vicariously liable for the torts of other drivers
1) “Family Car” Doctrine
2) “Permissive Use” Doctrine
what is the family car doctrine
if a HOUSEHOLD MEMBER is using owners car with PERMISSION owner of car could be vicariously liable
what is the permissive use doctrine for vicarious liability
ANYONE using car with permission of owner, owner can be vicariously liable
are parents vicariously liable for the torts of their children?
NO
what is the X/C that parents are not vicariously liable for the torts of their children
Intentional torts up to a limited dollar amount by statute
- IL willful and malicious tort up to $20k.
what is joint and several liability
where multiple acts cause indivisible injury each D will be potentially liable for the ENTIRE JUDGMENT amount
on exam should you assume joint and several liability?
Yes
when is contribution and indemnification used?
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
contribution rule
where D’s are more or less EQUALLY responsible, they will ultimately share the judgment equally
indemnification rule
can get EVERYTHING from other D
grounds for indemnification
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)
comparative contribution
defendants will split up judgment according to “relative fault”
What need to know for survival and wrongful death
can stand in no better position than decedent would have stood in had they lived.
when is governmental immunity apply
immunity is available when it is for governmental functions ONLY
when is governmental immunity not apply
when it is proprietary functions
- would a private person normally perform this function? If so no immunity.
CL for leaving car to another and vicarious liability
CL: car owner NOT liable for torts by others committed while driving car
traditional contribution rules where one tortfeasor pays the entire claim, what can the tortfeasor recover from the other tortfeasor
ALL tortfeasors were required to pay EQUAL SHARES REGARDLESS of their respective degree of fault
comparative negligence states: comparative contribution system on jointly and severally liable
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.
joint and several liability rule
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
What is contribution rule
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
Does Contribution involve the amount of damages that the P can collect in the first place
no
