Liability Issues

Question 1

vicarious liability

Answer 1

D commits a tort against P and a 3P is held liable due to his relationship with D

Question 1

respondeat superior

Answer 1

employers are liable for torts committed by employees within the scope of their employment

Intentional torts usually outside of scope unless:
1. The job requires use of force (eg bouncers)
2. The job entails creating friction (eg bail bondsman), or
3. Intentional tort done to further employer’s goals (eg physically breaking up a fight in a store)

Question 2

independent contractors

Answer 2

employers are generally NOT liable for torts committed by independent contracts EXCEPT act inherently dangerous or for non-delegable duties

EX: business holds property open to public must keep premises safe (non-delegable)

Question 3

partnership

Answer 3

each partner is vicariously liable for any other partner’s torts committed within the scope of the partnership

Question 4

parent-child

Answer 4

parents are NOT liable for children’s torts UNLESS helped facilitate it

BUT can be negligent if reason to know of child’s propensity to injure

Question 5

tavernkeepers

Answer 5

business serving alcohol may be liable for injuries caused by intoxicated patron if negligently served patron

Usually depends on wording of state’s “dram-shop” statute

Question 6

joint and several liability

Answer 6

arises if the acts of two or more Ds combine to produce a single indivisible injury (including acting in concert)

each liable for full harm

P recovers** fully** from only one D

Question 7

contribution

Answer 7

D who pays more than her share of damages under joint and several liability can get excess costs back from other Ds

NOT applicable for intentional tort liability

usually imposed proportionally

Question 8

indemnity

Answer 8

involves shifting the entire loss between or amongst Ds

Available by
1. contract
2. vicarious liability
3. strict products liability