Special rules

Question 1

employer liability

Answer 1

STRICT LIABILITY for employees torts if

1. right to control the activities of the employee
2. conduct was within the scope of employment

Question 2

scope of employment

Answer 2

acts the employee is employed to perform or intended to profit/benefit the employer

Detour - yes
Frolic - no

Question 3

Intentional torts of employee?

Answer 3

generally not liable UNLESS

1. force is inherent in the work
2. employer authorizes employee to act on his behalf and employee’s position provides opportunity to commit an intentional tort

Question 4

Independent contractors

Answer 4

Generally NOT liable for torts committed by independent contractors UNLESS

1. inherently dangerous activities
2. nondelegable duty
3. duty of storekeeper

Might also be negligent in own right for hiring practices, etc.

Question 5

parents and children (vicarious liability)

Answer 5

parents generally not vicariously liable for kids’ actions EXCEPT

1. child is acting as parents agent
2. sometimes for specified acts
3. sometimes when child negligently drives a car

BUT ARE LIABLE for own negligence wrt kids conduct - duty to exercise reasonable care to prevent a child from intentionally/negligently harming a third party (if parent has ability to control the child and knew/should have known of necessity and opportunity for exercising control)

Question 6

Dram Shop liability

Answer 6

seller of alcohol can be liable if the buyer was a minor or person was visibly intoxicated

Question 7

social host liability

Answer 7

social host can be liable to giving alcohol to a guest (sometimes just minors)

Question 8

FTCA waives immunity except for

Answer 8

1. certain enumerated things (assault, battery, false arrest)
2. discretionary functions
3. traditional govt activities (postal service)