Misc. Tort Concepts

Question 1

Vicarious Liability can occur in the context of:

Answer 1

Employer/Employee (Respondeat Superior);
Sometimes for Independent Contractor;
Joint Enterprise

Question 2

Employer/Employee vicarious liability:

Answer 2

Employer is liable for injuries caused by the negligence or strict liability of an employee if the tortious act occurred within the scope of the employment

Intentional torts normally not subject to this, even if committed during working hours, unless the employee uses force to complete employer’s purpose

Question 3

Independent Contractor vicarious liability:

Answer 3

Normally a defendant not on the hook for torts committed by an independent contractor. Exceptions:

1) Where contractor undertakes a duty the law does not permit to be delegated to another (ex: keeping streets in good repair, maintaining a fence around an excavation, etc)
2) When a contractor engages in inherently dangerous activities

Question 4

Joint Enterprise (Partner & Joint Venturers) vicarious liability

Answer 4

Partners and joint venturers are vicariously liable for each others’ torts if those torts were committed in the ocurse and scope of the partnership or joint venture

Question 5

Joint & Several Liability

Answer 5

Where there are 2 or more defendants injure a plaintiff (either in concert or independently) and liability for damages cannot be allocated to particular defendants, all of the defendants are liable for the entirety of plaintiff’s injury.

Plaintiff can execute against each defendant for the total damages suffered, although plaintiff may only recover from any or all defendants an amount equal to the total damages awarded

Question 6

Contribution:

Answer 6

Where there are multiple negligent parties, each of whom contributes to the plaintiff’s indivisible harm, they are jointly and severally liable. That means plaintiff may recover fully against any of the defendants and those defendants can sue each other for contribution.

Contribution is not applicable for intentional torts.

Question 7

Indemnity

Answer 7

Where one defendant is only vicariously liable for the tort of another directly liable defendant, the first defendant may recover the entire amount of any damages paid to plaintiff from the second plaintiff, who was actually responsible for plaintiff’s injury

Question 8

Survival of Actions

Answer 8

allows a tort action to continue despite the death of a victim or tortfeasor