Misc.

Question 1

Vicarious Liability

Answer 1

Er/ee: scope of employment (frolic v. detour)
IC: no VL except for inherently dangerous activities or nondelegable duties (e.g., keeping premises safe)
Partners: scope of partnership
Car owner/driver: Owner not VL except for family car doctrines

Question 2

JSL

Answer 2

When 2+ tortious acts combine to proximately cause an indivisible injury to P, each tortfeasor is JSL for the injury

Question 3

Contribution

Answer 3

Where JSL exists, it permits P to recover entire judgment from any tortfeasor, and tortfeasor can seek contribution from other tortfeasor (not for ITs)

Question 4

Indemnity

Answer 4

Shift entire loss between or among tortfeasors (VL, SL for products, etc..)

Question 5

Governmental Immunity: Federal

Answer 5

US has waived immunity for tortious acts; liable just like a private individual UNLESS it’s batt, ass, false imp, false arrest, malicious prosecution, abuse of process, libel/slander, misrep/deceit, and interference with contract rights, OR discretionary act OR gov K-or is asserting immunity based on gov specs

Question 6

Governmental Immunity: State

Answer 6

Same as federal - immunity attaches for discretionary acts and for legislative and judicial decisionmaking; includes state agencies like schools, hospitals, etc.

Question 7

Governmental Immunity: Public Officials

Answer 7

Immunity applies to a public officer carrying out his official duties where they inovlve disretionary acts done without malice or improper purpose; no immunity for ministerial acts