Misc Flashcards
Preponderance of the evidence
P must prove each element of her case by this standard, which means the “greater weight” of the evidence – More likely than not. (the probability is greater than 50% that each element is established)
Joint and Several Liability
P may recover the full award of damages from one or more tortfeasors. P can choose to sue one or all.
Contribution
If one party pays full damages and they were not 100% at fault (under joint and several system), they may assert a claim against jointly liable parties for the excess paid.
Several Liability
Each D is only liable for their assigned share of liability AND P must collect the amount each D is liable for from the respective D.
CANNOT collect full sum from one. Goal is for Ds not to pay more than for which they are responsible
Vicarious Liability
A person can be held liable for the torts of another due to some special relationship between the two (Respondeat Superior)
Respondeat Superior
If an employee commits a tort during the scope of his employment, her employer will be jointly liable with the employee
Scope of Employment
An act will be considered within the scope of employment if it was made with the intent to further the employer’s business purposes/interests.
“Motive test” - act motivated by a purpose to serve the employer
Going and Coming Rule
A tortfeasor going to and coming from work is considered outside the scope of his employment so that the employer is not liable
Exceptions to Going and Coming Rule
The trip involves an incidental benefit to the employer, not common to commute trips by ordinary members of the work force. Examples:
- Employee is on call
- Employer requires employee to drive his personal vehicle for work-related tasks
- Employer instructs employee to carry out some job-related errand during commute
- Commute serves dual purpose for both employer and employee
