torts vicarious liability

Question 2

acting w/in scope of employment?

Answer 2

• conduct in futherance of the duties owed to employer
• whether the employer actually is exercising control over the employee or not
• If the employee is acting within the SOE at the time the negligent conduct occurs, the negligence will be imputed to the employer

Question 3

slight deviation rule

Answer 3

• personal cts that are not far removed in time, distance, or purpose from the employment are deemed to be incidental to employment and thus part of scope of employment
• whether smth is a slight deviation is a question for the jury

Question 4

nondelegable duties

Answer 4

person upon whom the duty is imposed is responsible for the independent contractors actions in negligently performing the duty

Question 5

vicarious liability for independent contractor

Answer 5

• nondelegable duties
• apparent authority
• inherently dangerous activities or peculiar risk of harm
• illegal activities

Question 6

joint enterprise liability

Answer 6

vicarious liability may be imposed upon those engaged in a joint venture

Question 7

joint venture

Answer 7

One where there is an agreement, express or implied, among the members of the group to act w a common purpose to enhance their pecuniary interest and in which they have equal control over the direction of the enterprise

Question 8

family purpose doctrine

Answer 8

Many states impose vicarious liability on the OWNERS of automobiles for the negligence of the driver

Question 9

bailments: imputed contributory negligence

Answer 9

Negligence of the driver can be attributed to the owner/passenger of the vehicle by the trial court judge to bar or reduce his recovery for his own injuries through the “both ways” theory