Torts 46-52 Flashcards
Vicarious Liability
When will a principal be liable for torts committed by an Independent Contractor?
If:
The contractor is engaged in an inherently hazardous activity;
The duty owed by the principal is non-delegable; OR
Through the doctrine of estoppel:
The principal holds the contractor out as his agent to a third-party, they reasonably relied on the agent’s skill, and the third-party suffered harm as a result.
Priority: N/A
When is a defendant entitled to Indemnification?
When the defendant is a passive tortfeasor AND seeks to assert his claim against an active tortfeasor.
The defendant is entitled to recover the FULL amount he paid the plaintiff from the active tortfeasor.
*Indemnification is available in vicarious liability situations or by contract.
Priority: N/A
When is a defendant entitled to Contribution?
A joint tortfeasor may seek contribution from other joint tortfeasors if he pays more than his percentage share of liability.
*The amount recoverable is based on PURE comparative fault – a defendant CANNOT recover from another more than that person’s percentage of fault.
Priority: N/A
What is the Doctrine of Alternative Liability?
It allows the jury to find ALL defendants liable if:
Multiple defendants are deemed negligent,
But it’s unclear which one caused the plaintiff’s injury.
Priority: N/A
What is the Doctrine of Joint Enterprise?
It allows the negligence of one defendant to be imputed to other defendants if:
Multiple defendants were engaged in a common project or enterprise; AND
All defendants made an explicit/implied agreement to engage in tortious conduct.
Priority: N/A
What is the Doctrine of Market Share Liability?
ALL manufacturers are liable to their proportional share of the market when the following factors are present:
All the named Ds are potential tortfeasors;
The harmful products are identical and share the same defective qualities;
P is unable to identify which D caused the injury; AND
Substantially all of the manufacturers that created the defective products during the relevant time period are named as Ds.
Priority: N/A
What is the liability of multiple defendants in a jurisdiction permitting Joint and Several Liability?
If multiple defendants are the proximate cause of a single indivisible harm, then the plaintiff may recover the ENTIRE amount of his damages from ANY single defendant.
Priority: Medium
