Vicarious Liability Flashcards
Intentional Torts
It is usually held that intentional tortious conduct by employees is not within the scope of employment. Exceptions:
* The employee is furthering the business of the employer, for example, removing customers from the premises because they
are rowdy
* Force is authorized in the employment, for example, a bouncer
* Friction is generated by the employment
Automobile Owner for Driver
The general rule is that an automobile owner is not vicariously liable for the tortious conduct of another person driving their automobile
Family Car Doctrine
In many states, the owner is liable for tortious conduct of immediate
family or household members who are driving with the owner’s express or implied permission