Liability Issues

Question 1

Vicarious liability

Answer 1

Arises when D commits a tort against P and a third person is held liable due to his relationship with D

Question 2

Respondeat superior

Answer 2

• Employers are liable for torts committed by employees within the scope of their employment
• Intentional torts: usually outside the scope unless:
  a) The job requires use of force (e.g. bouncer)
  b) The job entails creating friction (e.g. bail bondsman) or
  c) The intentional tort is done to further the employer’s goals (e.g. physically breaking up a fight in a store)

Question 3

Independent contractors

Answer 3

• Employers are generally not liable for torts committed by independent contractors, except for acts that are inherently dangerous or duties that are non-delegable
• Businesses that hold property open to the public have a non-delegable duty to keep premises safe for customers

Question 4

Partnership

Answer 4

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

Question 5

Parent-child

Answer 5

• Parents are not liable for their children’s torts
• But parents may be separately negligence if they had reason to know of a child’s propensity to injure or they facilitated the tort

Question 6

Tavernkeepers

Answer 6

Businesses serving alcohol may be held liable to a P injured by an intoxicated patron if the business was negligent in serving the patron

Question 7

Joint and several liability

Answer 7

• Arises if the acts of two or more Ds combine to produce a single indivisible injury
• Each D is jointly and severally liable for the entire harm if his actions were a factor in bringing about P’s injury
• Note: most states have replaced traditional joint and several liability with apportionment of damages among multiple defendants by percentages of fault
• Ds acting in concert: if two or more Ds act in concert and injure P, each is joint and severally liable for P’s entire injury
  -Applied even if injury and D’s culpability is divisible
• Satisfaction: if P recovers fully from one D, she may not recover more from a jointly liable D

Question 8

Joint and several liability: Contribution

Answer 8

• D who pays more than her share of damages under joint and several liability can assert a claim against jointly liable parties for the excess paid
• Not applicable to intentional tort liability
• Contribution is usually imposed in proportion to relative fault

Question 9

Joint and several liability: Indemnity

Answer 9

• Involves shifting the entire loss between or amongst Ds
• Available by contract, in vicarious liability situations, or under strict products liability