Miscellaneous Flashcards
1
Q
Misc. - Vicarious Liability
A
- P-A (Respondeat Superior): liable for A’s torts in scope of agency (not intentional unless to serve π or force inherent in job)
- Ind K: not unless (a) inherently dangerous acts or (b) non-delegable duty (customer harmed on biz premises)
- Car Owner-Driver: not unless P-A.
- Parent-Kid: no.
- Bailor-Bailee: no.
2
Q
Misc. - Multiple ∆’s
A
- J+S liable if acted in concert
2. Contribution and Indemnification
3
Q
Misc. - Loss of Consortium
A
Derivative claim for injured spouse (∆ gets same defenses) for loss of household services, society and sex
4
Q
Misc. - Intentional Misrepresentation
A
- Past/Present misrepresentation of fact (opinion if ∆ has superior knowledge; no π duty to investigate, no ∆ duty to disclose absent relationship)
- Scienter (∆ knew false when made)
- Intent to induce π to act/rely
- Causation (actual reliance)
- Damages
Note: Third party who relies can recover only if ∆ could foresee his reliance
5
Q
Misc. - Neg. Misrep.
A
- Past/Present misrepresentation of fact
- Made by ∆ in commercial capacity
- ∆ breached duty to π
- Causation (reliance)
- Damages
6
Q
Misc. - Interference with Biz Relations
A
- K relation/expectancy
- ∆ knew
- ∆ intentionally interferes to induce breach/term.
- Damages (includes ED + punitive)
∆ actions may be privileged if proper attempt to obtain business
7
Q
Misc. - Malicious Prosecution
A
∆ starts criminal proceeding against π (files police report) + improper purpose + no probable cause + ends in π favor + damages
