Tort liability

Question 1

P an be vicariously liable for actions of A under which theories

Answer 1

1. respondent superior
   
   1. P jointly and severally liable for A’s tort committed in scope of employment
   2. P liable for negligent hiring
2. apparent authority - P liable if A’s apparent authority enables A to :
   
   1. commit tort
   2. conceal its commission

Question 2

is P liable for torts of an independent contractor

Answer 2

generally no unless

1. activity was inherently dangerous,
2. duty was nondelegable to another, -or-
3. principal knowingly selected the independent contractors

Question 3

was tort committed during scope of employment

Answer 3

1. was conduct of the kind that A was hired to do
2. did tort occur on the job
3. was the conducted done at least in part, to benefit the P

Question 4

PISR

is a employer liable for intentional torts of employee

Answer 4

generally no unless

1. employee is promoting employers business
2. torts are natural incident of employees duties
3. conduct specifically authorized or ratified by employer

Question 5

is P liable for acts of borrowed employees

Answer 5

depends - whoever has primary right of control over the employee

Question 6

if P creates appearance of a -er and -ee relationship upon which 3rd party relies and a tort occurs

Answer 6

the Pis estopped from denying relationship and liable under resp. sup

Question 7

whether someone is an independent K or an employee depends on?

Answer 7

whether Principal has right to control method and manner of individual’s work