Strict Liability

Question 1

Respondeat Superior (Defined)

Answer 1

Liability upon an employer or the like for actions by their employees or agents

Question 2

Agency Relationships (Generally)

Answer 2

An agency relationship exists when the principal manifests assent to the agent that the latter can act on the former’s behalf, which is subject to the principal’s control and oversight, and the agent consents to such an arrangement

Question 3

Nature of Relationship Factors (Employee v. Independent Contract)

Answer 3

1. the extent of control of the “master” by the agreement; 2. whether they are engaged in a distinct occupation;
2. the type of occupation; the skill required;
3. supplication of instrumentalities;
4. length of employment;
5. payment method;
6. whether part of the employer’s regular business;
7. whether they believe they are servant and master;
8. whether the principal is or is not in business

Question 4

Scope of Employment Factors

Answer 4

(1) the kind they are employed to perform; (2) occurs within the authorized time and space limits; (3) is actuated, at least in part, by a purpose to serve the employer; (4) if force is used, the use of force is not unexpectable by the employer

Question 5

Conduct falls beyond the scope of employment when . . .

Answer 5

Too far attenuated from any of the scope of employment factors factors. Deviations that are slight and not unusual will still be found within the scope of employment.

Question 6

Commutes and the Foreseeable Danger Exception (Scope of Employment)

Answer 6

Commuting to and from work is generally not considered within the scope of employment.

Foreseeable danger exception–wherein a risk is inherent in, or created by a generally foreseeable consequence of the activity. For example, exposure to toxins at work leading to an earlier travel back home could create liability for accidents during the travel home.

Question 7

Unauthorized conduct falls within the scope of employment when . . .

Answer 7

The conduct is of the same general nature or incident to the authorized conduct

Question 8

Abnormally Dangerous Activities Analysis

Answer 8

1. Proof od abnormally dangerous activity
2. Causation
3. Damages

Question 9

Abnormally Dangerous Activities Analysis

Answer 9

(1) the existence of a high degree of risk of some harm; (2) the likelihood that the resulting harm will be great; (3) the inability to eliminate the risk by exercise of reasonable care; (4) the extent to which the activity is not a matter of common usage; (5) inappropriateness of the activity to the place where it is carried on; (6) extent to which its value to the community is outweighed by its dangerous attributes