Miscellaneous Torts

Question 0

Employer-employee Vicarious Liability

Answer 0

employers are liable for the injuries caused by employee negligence, or strict liability, if the act occurred within the scope of employment.

Distinctions are made between a FROLIC (minor deviation outside the scope) and a DETOUR (small deviation from an employers directions within the scope)

Question 1

Vicarious Liability

Answer 1

liability resulting from relationship with the wrongdoer who injured P.

employer-employee,
joint enterprises,
some independent contractor relationships.

Question 2

Actions within the scope of employment

Answer 2

Acts closely connected with what the employee was hired to do or
fairly and reasonably incidental they may be regarded as methods, even though improper, of carrying out the objectives of the employment.

Intentional torts committed as an employee are not given respondeat superior effect.

However, an employee uses force to further the employers purpose may fall within the scope of employment resulting in vicarious liability.

Question 3

Joint Enterprise Vicarious Liability

(partnership and joint ventures)

Answer 3

liable for each other’s torts committed in the course and scope of the partnership or joint venture

Question 4

Joint and Several Liability

Answer 4

2 or more D’s acting in concert or independently injure P,

resulting damages cannot be allocated to particular D

all D’s are liable for the entirety of P’s injury.

P may execute and recover total damages against any and each D

Question 5

J&S Liability and Comparative Negligence

Answer 5

D compelled to pay damages to P in a greater amount than he was responsible may obtain contribution from other defendants in pro rata shares.

Question 6

Contribution

Answer 6

D may compel other D’s to contribute to any judgment satisfied by P against one of them.

not applicable where D have intentionally injured P or
where jurisdiction does not allow for contribution from joint tortfeasors.

may be provided in equal shares or based on share of responsibility for injuries depending on jurisdiction

Question 7

Indemnity

Answer 7

Where P satisfies the entire amount of damages from one D. That D may seek indemnification from the other D’s where:

Vicarious Liability Situation - seek indemnification from the responsible party
Where other D’s actions are more wrongful than another.
Where D caused aggravating injuries to P may seek indemnity for the additional damages resulting from the aggravating injuries.

Question 8

Satisfaction and Release

Answer 8

P recovers fully from one D (satisfaction)
bars recovery from other D’s. (release)

D may seek contribution from other D’s.

At common law when P agreed to give up rights in exchange for a settlement, P lost rights against other D’s.

Most states have modified doctrine allowing P to release one D while expressly retaining rights against others.