Vicarious Liability Flashcards
1
Q
Vicarious Liability
A
i. Holding someone liable for the misdeeds of somebody
1. Respondeat superior – doctrine that holds employer liable for the employee’s wrongful acts conducted within the scope of employment
ii. If the employee’s action is in the course of employment, the question of fact is: is it a (a) frolic or (b) detour? Kohlman v. Hyland
1. Zone of foreseeable deviation – if the road is washed up, then the detour is excusable. The employee remains liable.
iii. Employer’s liability does not supersede his employee’s liability. There are just more defendants in this case.
iv. HYPO: Holiday season. Employers have Christimas parties. Booze flowed freely. An employee
