Other tort concepts

Question 1

vicarious liab: respondeat superior

Answer 1

employer is liable for injuries caused by neg or SL of employee if act occurred within scope
NOT intentional torts (unless bouncer for battery etc)

Question 2

vicarious liab: independent contractor

Answer 2

employer usu not liable, bc he can’t control IC’s activities

exceptions:

• contractor undertakes a nondelegable duty
• inherntly dangerous activities

Question 3

vicarious liab: joint enterprise

Answer 3

partners and joint venturers are liable if tort committed in course and scope of pship

Question 4

joint and several liab: contribution

Answer 4

can compel others to contribute an equal share
-not if injury is intentional
-some apportion equally, some according to % of fault
MD: % of fault are not considered. each resp for an equal share