Liability of P for A's Torts Flashcards
What is a “master?”
P who controls A with right to control A
What is a “servant?”
employee
What is an independent contractor?
Obligated to do work for P, but P doesn’t control work
What 2 situations may make P vicariously liable for A’s torts?
1) respondeat superior
2) apparent authority
Key difference between employee and independent contractor?
P retains right to control manner in which employee performs work; doesn’t do this for IC
What factors are considered for right to control?
1) degree of skill required
2) whose tools/facilities used
3) period of work
4) basis of compensation
5) business purpose
6) whether person has distinct business
7) characterization & understanding of parties
8) local customs re work supervision
Employer liable for employee’s torts only if _______________.
employee’s act within scope of employment
What 3 factors helpful in deciding whether employee acting within scope?
1) “of the kind”
2) “on the job”
3) Conduct to benefit P?
Is employer generally liable for employee’s intentional torts?
No (beyond scope of employment)
Under what 4 scenarios may employee act be within scope of employment?
1) natural incident of employee duties;
2) where employee promoting employer’s business or is motivated to serve employer;
3) specifically authorized/ratified; OR
4) A’s misrepresentations if A had authority re subject matter
Who is liable for acts of borrowed employees?
Employer with the primary right of control over employee
When may employer be directly liable re employees?
Negligence re training, hiring, supervising, criminal/work history
What is employer-employee estoppel?
Where P creates appearance of employment relationship upon which 3P relies, P will be estopped from denying relationship and will be liable per RS
When can employer be held liable for independent contractor acts?
P liable for acts of an IC where:
1) inherently dangerous activities
2) nondelegable duties delegated
3) P knowingly selected incompetent IC
What’s required for employer to be vicariously liable via apparent authority?
P is Vl where A appears to deal or communicate on behalf of P and A’s apparent authority enables A to:
1) commit tort; OR
2) conceal its commission
