General Considerations Flashcards
1
Q
Vicarious Liability
A
Employer-Employee:
- Employer is vicariously liable for employees’ torts committed W/IN the SCOPE of EMPLOYMENT
- Frolic & Detour Rules (minor & major departure)
- Intentional torts: An employer is NOT liable for employees’ intentional torts
Car Owner-Car Driver:
- Generally, no vicarious liability
- Exception = Errand or agency principles
- Minority rules = Family car states, permissive use states
- Parent-child = No vicarious liability (LOOK FOR DIRECT liability 1st)
2
Q
Adjustment of Rights between Multiple ∆s
A
Joint & Several Liability = Each ∆ can be liable to π for the entire damage incurred
- Concert of Action
- Indivisible Harm
Indemnity = Passive ∆receives FULL REIMBURSEMENT from Active ∆
Contribution =
- Traditional: Paying ∆ recovers proportional shares from other ∆s
- Comparative: Recovery is based on relative fault of each tortfeasor
3
Q
Wrongful Death & Survival Actions
A
Just labels. Not separate actions.
Wrongful death = Brought by a decedent’s benes for OWN loss of support & companionship
Survival actions = Based on claims that the deceased could’ve brought had she lived
4
Q
Immunity
A
Family (not really exists)
Governmental = NONE if engaging in “proprietary function”
-Retains it when engaging in: Police, Fire, Military
Charitable has been abolished in most jurisdictions
