Imputed Negligence and Joint Tortfeasors

Question 1

Imputed negligence

Answer 1

By reason of some relationship between A & B the negligence of A is charged to B

Question 2

Vicarious Liability - General

Answer 2

Liability through another. Be careful – don’t confuse direct negligence with vicarious liability

Question 3

Vicarious Liability - Respondeat Superior

Answer 3

form of vicarious liability based on the fictional control of master over servant. Defendant is liable for the acts of employees within the course and scope of their employment which can even include liability for the intentional torts of the employee. But master may have separate liability (direct negligence) independent of that of the employee.

Question 4

Vicarious Liability - Joint enterprise

Answer 4

Undertaking of two or more persons to carry on an enterprise for profit

Question 5

Vicarious Liability - Independent Contractors

Answer 5

There is no liability for the acts of independent contractors with exceptions for negligence of the one selecting the independent contractor; non-delegable duties (eliminating dangers on property; automotive repairs, etc.); inherently dangerous activities (blasting, use of fire to clear land, etc.)

Question 6

Imputed Contributory Negligence

Answer 6

Plaintiff’s action for damages is barred or recovery is reduced due to some action on the part of a third party and is dependent upon the relationship (master/servant, joint enterprise, etc.) between the plaintiff and the third party

Question 7

Joint Tortfeasors

Answer 7

Multiple defendants should share financial responsibility for the harm which has been inflicted on the plaintiff. Joint and several liability means that each defendant is liable for the whole sum or their percentage of the whole sum.

Question 8

Joint Tortfeasors - Acts in Concert

Answer 8

Acts to accomplish some common purpose or plan and which concerted acts cause plaintiff’s harm

Question 9

Joint Tortfeasors - Acts not in Concert

Answer 9

Independent acts of several persons which contribute to plaintiff’s harm, i.e. concurrent or successive tortfeasors

Question 10

Joint Tortfeasors - Satisfaction and Release

Answer 10

There can be only one satisfaction of a judgment and the satisfaction by one of the defendants discharges the liability of other tortfeasors. Under common law, a release given to one tortfeasor releases the other tortfeasors. Modernly, the release applies only to the party to whom it is given

Question 11

Joint Tortfeasors - Contribution

Answer 11

each liable party is to pay his proportionate share

Question 12

Joint Tortfeasors - Indemnity

Answer 12

shifts loss (either part or all) from one tortfeasor to another via cross complaint for partial or total indemnity

Question 13

Joint Tortfeasors - Apportionment of Damages

Answer 13

More research needed