General Considerations Flashcards
Respondeat Superior
a master-employer will be vicariously liable for tortious acts committed by her servant/employee if the tortious acts occur within the scope of the employment.
Under respondeat superior, an employee/servant is who takes a _______________ from the employer’s business for his own purposes is still in the scope of his employment.
minor detour or frolic
Are employers liable for the intentional torts of their employees?
generally, no.
What are the exceptions to the rule that employers are not liable for the intentional torts of their employees?
an employer will be held liable for the intentional torts of their employees where 1) force is authorized in the employment; 2) friction is created by the employment; and 3) the employee is furthering the business of the employer.
When will an employer be held liable for the tortious acts of independent contractors?
1) when the IC is engaged in an abnormally dangerous activity; and 2) when the duty is simply nondelegable.
Explain the liability of partners and joint venturers.
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.
What is the general rule regarding the liability of an automobile owner and a driver.
under the general rule, the owner of a care is not liable for tortious acts of someone driving that car.
Under the Family Car Doctrine, who is liable?
in states that have adopted the Family Car Doctrine, the owner is liable for tortious conduct of immediate family or household members who are driving with the owner’s express or implied permission.
Are bailors vicariously liable for tortious actions of bailees?
generally, no.
Are parents vicariously liable for the actions of their kids?
generally, no. However, if the kid is working as the parents’ agent, the parents will be liable.
Under the common law, are tavernkeepers liable for injuries resulting from the vendee’s intoxication?
no.
A Dramshop Act creates a cause of action against whom based on what?
against vendors of alcohol based on negligence.
