Torts

Question 1

Respondeat Superior

Answer 1

Employer is liable for torts of employee committed within scope of employment

Question 2

What is scope of employment?

Answer 2

An act is within scope of employment when (1) it was expressly or impliedly directed by the employer, or is naturally icidental to the business, and (2) it was performed, although mistakenly or ill-advisedly, with the intent to further the employer’s interest

Question 3

Liability for Independent Contractors

Answer 3

Employers generally not liable for independent contractors (exceptions on other flash card

Question 4

Exceptions for independent contractor liability

Answer 4

1) Employer exercises control to make independent contractor more like employee;
2) inherently dangerous activities
3) negligent hiring

Question 5

Attractive Nuisance doctrine in VA

Answer 5

Repudiated
But a landowner may be held liable for leaving a hidden danger on his property that is (1) easily accessible to children; and (2) known to be frequented by children

Question 6

Duties of landowners to licensees

Answer 6

Duty to carry on activities with reasonable care. Liable for resulting injuries unless licensee should be aware of the risk

Question 7

Duties of landowners to Invitee

Answer 7

Liable for injuries caused by the land if he should have realized the invitee would not realize or appreciate the danger.

No liability for open and obvious dangers

Question 8

Licensee vs invitee (counterintuitive!)

Answer 8

Licensee –> someone who enters the land of another with express or implied permission (social guests, emergency personnel, etc.)

Invitee –> someone invited to enter or remain on the land for purpsoe it is open to public or business visitor

Question 9

Duties to trespasser

Answer 9

Traditional Approach:
1) obligated to refrain from willful, wanton, reckless, or intentional misconduct
2) Known/expected trespassers –> warn or protect against concealed, dangerous, artificial conditions
3) Unknown/unexpected –> no duty to warn

Question 10

Improper Discharge

Answer 10

An employer may discharge an at-will employee at any time for any reason unless the discharge is against public policy

Question 11

Intentional Interference with Business Relations

Answer 11

(1) D Knew of valid contractual relationship; (2) D intentionally interfered with contract in a way that substantially exceeds fair competition and free explusion , resulting in breach; and (3) damages

Question 12

Conspiracy to induce breach of contract or a business

Answer 12

Recognized in VA. Needs two parties

Question 13

Intentional misrepresentation

Answer 13

False representation of a material fact + justifiable reliance + actual loss

Question 14

Assumption of risk

Answer 14

a complete bar to recovery from negligence in Virginia (unlike majority of JXs)

Also applies to claims for strict liability

Question 15

When can an employer be liable for the intentional tort of an employee

Answer 15

The intentional tort is naturally incident to the employee’s position, and was performed with purpose to serve the employer’s interest.

Question 16

Dram Shop Liability in Virginia?

Answer 16

No. No cause of action against seller of alcohol when third party subsequently inured due to buyer’s intoxication.

Question 17

Conversion

Answer 17

(1) Intentional (2) interference with an owner’s right of possession (3) so serious that it deprives owner of the use of the chattel

Question 18

Damages for Conversion

Answer 18

Full value of property or replevin (recover the property)

Question 19

Is mistake a defense to conversion?

Answer 19

No

Question 20

Trespass to Chattels

Answer 20

(1) Intentional Interference with a person’s right of possession either by (a) dispossessing or (b) using or intermeddling

Question 21

Damages for trespass to chattels

Answer 21

Actual; Loss of use; nominal damage