Strict & Vicarious Liability Flashcards
When is ∆ strictly liable for the harm caused by the tortious acts of a Tortfeasor?
- When the Tortfeasor and D are in an actionable relationship and
- the tortious acts occured while the tortfeasor was acting within the scope of their relationship.
List the actionable relationships recognized under strict liability
- Employer-Employee
- Independent contractors (typically not covered, but 2 exceptions)
- Apparent relationships
- Partnership
- Joint Enterprise
- Inducing a tort
What can be indicative of an employer/employee relationship if it’s unclear?
Things that suggest that the employer had control over the employee:
- Hiring party supplying the equipment
- Tortfeasor paid hourly
- Tortfeasor’s work was part of the regular business of the hiring party
- The work being done by the tortfeasor was their only occupation/business
- the sort of work the TF was doing is usually done under some direct supervision
- TF’s services were performed over a long period of time.
You only really need to know the control part.
What are the exceptions that qualify independent contractors as an actionable relationship?
- The hiring party retains actual control over the matter and means of doing the work (and not just the right to specify the result)
- The hiring party knowingly hires an incompetent contractor (unqualified or unlicensed contractor for ex)
What factors must be present in an “apparent relationship” where the ∆ acted as if the tortfeasor was in a master/servant or principal/agent relationship?
- ∆ created the impression that the TF was ∆’s employee;
- π reasonably believed that the TF was ∆’s employer; AND
- π was harmed b/c they relied on this belief
What is the general rule for when the TF’s tortious acts are within the scope of the relationship re: Strict liability?
A tortious act occurs within the scope of the relationship if it is foreseeably related to the sort of tasks that the TF was employed/expected to perform for D AND
if it occured mostly during the authorized time/place.
(Some courts require that the TF’s actions be motivated in part by a purpose to serve D)
Are prohibited acts within the scope of the relationship?
The fact that D had prohibited the TF from engaging in the act that caused the harm is not dispositive.
TF’s unauthorized or criminal conduct may still be w/in the scope of the relationship.
Are TF’s deviations from the expected work inside the scope of the relationship?
TF’s conduct that slightly and temporarily deviates from their work is to be expected and is covered.
So, acts that are necessary for an employee’s comfort, health and convenience while at work are within the scope.
Are a TF’s comings and goings in the scope of the relationship?
Usually no, UNLESS:
1. While commuting, the TF perfoms a concurrent service for D.
2. D requires the TF to drive their personal vehicle to/from the workplace (so that vehicle is used for work-related tasks)
Are social/recreational Activities covered within the scope of the relationship?
Social activities that occur after normal work hours are within the scope of the relationship if:
1. The are carried out w D’s stated or implied permission AND
2. They either provide a benefit for D or have become customary
What does strict liability do?
It modifies the standard of care in original negligence. Creates liability without fault.
You don’t have to go through BPL for strict liability, just a yes or no.
Still have to prove CIF, LCH, SOR
When is an actor liable for physical harm for abnormally dangerous activities?
An actor who carries on an abnormally dangerous activity is subject to liability for physical harm resulting from the activity
When is an activity abnormally dangerous
An activity is abnormally dangerous if
1. the activity creates a foreseeable and highly significant risk of physical harm even when reasonable care is exercised by all actors; and
2. The activity is not one of common usage
When is an owner/possessor strictly liable for intrusion by their livestock or other animals
An owner/possessor of livestock or other animals (not cats or dogs) that intrude upon someone else’s land is subject to strict liability for physical harm caused by the intrusion.
What do we need to know re Strict Liability for Wild Animals
- An owner/possessor of a wild animal is subject to strict liability for physical harm caused by the wild animal
- A wild animal is an animal that belongs to a category of animals that hasn’t been generally domesticated and are likely to cause personal injury (if not restrained)
