V. Liability in Tort

Question 1

Test

Answer 1

• Was tort committed
  
  • by a SERVANT
  • acting within the SCOPE OF EMPLOYMENT
• IF yes, master and servant are JOINTLY and SEVERALLY liable to injured party

Question 2

Servant versus Independent Contractor

Answer 2

Did employer have the right to control how S did the job (even if control was never exercised)

usually will tip the scales in favor of hte innocent 3P in a close case

who supplied tools

part of regular business?

long term?

skill?

payment in regular intervals or by job?

Question 3

Scope of Employment

Answer 3

• Master is not automatically liable for servant’s tort.
• LIable only if the tort came when servant acting WITHIN SCOPE OF EMPLOYMENT
  
  • NEG: USUAL TASK–> if servant was doing usual task, tort was within scope
  • NEG: DEVIATION:
    
    • DETOUR: minor deviation (w/in scope)
    • FROLIC: substantial deivation (not)
  • INTENTIONAL TORTS: outside scope unless
    
    • force is used to further master’s busines
    • M ratifies
    • M authorized S to commit tort

Question 4

Liability

Answer 4

• Master and servant are jointly and severably liable to 3P;
• Entitled o only one total satisfaction (can sue P; sue A; or can sue both jointly)
• Master can INDEMNIFY themself if outside scope–> but that doesn’t mean there will be assets to recover
• RELEASE OF LIABILITY: In Ga, 3P release of servant does not release the master; must release the master

Question 5

Borrowed Master

Answer 5

Borrowed master–someone who borrows a servant from their master for use

Where borrowed master had control over servant at time of accident, the borrowed master is the one liable

Question 6

Direct Liability

Answer 6

• Master is directly liable for its own negligence if Master fails to tran or supervise employees or check on employee’s criminal record
• jsut b/c outside scope of employment or intentional does not mean that employer will be scot free
• (e.g. driver with long history of alcoholism, drunk driving, untreated, etc. hired as taxi driver. On frolic, hits a pedestrian. Not liable indirectly, but liable directly for negligent hiring.