General Considerations for all Tort Cases

Question 1

Vicarious Liability - General Definition

Answer 1

Vicarious liability is derivatively imposed. This means that one person commits a tortious act against a third party, and another person is liable to the third party for this act. This liability rests upon a special relationship between the tortfeasor and the person to whom his tortious conduct is ultimately imputed.

Question 2

Doctrine of Respondeat Superior

Answer 2

An employer will be vicariously liable for tortious acts committed by her employee if the tortious acts occur within the scope of the employment relationship.

Question 3

Vicarious Liability - Partners and Joint Ventures

Answer 3

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 4

Joint and Several Liability - Definition

Answer 4

When two or more tortious acts combine to proximately cause an indivisible injury to a plaintiff, each plaintiff is jointly and severally liable for that injury. This means that each is liable to the plaintiff for the entire damage incurred.

Question 5

Contribution

Answer 5

Contribution is a device whereby responsibility is apportioned among those who are at fault. The rule of contribution allows any tortfeasor required to pay more than his share of damages to have a claim against the other jointly liable parties for the excess.

Question 6

Indemnity

Answer 6

Indemnity involves shifting the entire loss between or among tortfeasors

Question 7

When is Indemnity Available

Answer 7

1. Right to indemnity by contract
2. Vicarious Liability
3. Identifiable Difference in Degree of Fault