Liability Issues

Question 1

vicarious liability

Answer 1

Vicarious liability arises when the person being sued commits a tort against the person suing them and a third person is held liable due to his relationship with the person being sued.

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

Intentional torts are usually outside of the scope unless the job

requires the use of force for example

1. a bouncer at a club
2. the job entails creating friction such as a bail bondsman that
3. intentional tort is done to further the employers goals for example physically breaking up a fight in a store

Independent contractors employees are generally not liable for torts committed by independent contractors except for acts that are inherently dangerous or duties that are non-delegable

Partnership each partner is by Carisle liable for any other partners towards commit with in the scope of the partnership

Parent child parents are not liable for the children’s towards but parents maybe separately negligent if they had a reason to know if a child propensity to injure or facilitated the tort

Taryn keepers businesses serving alcohol may be held liable to a person suing that was injured by intoxicated patrons at the business was negligent in serving the patron

Question 2

joint and several liability contribution and indemnity

Answer 2

Joint and several ability arises if the acts of two or more people being seen combined to produce a single in divisabld injury.

each person being sued is jointly and severally liable for the entire harm if their actions were factor in bringing about the person suing’s injury

Contribution the person being sued 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

Indemnity involves shifting the entire lost between or monks the people being sued available by contract in by carries liability situations or under strict product liability