Vicarious liability

Question 1

Vicarious liability

Answer 1

doctrine that imposes liability based on the relationship with the tortfeasor- like an employer being liable to the employee

Question 2

Direct liability

Answer 2

an Employer may directly be liable for damages resulting from the negligent supervision of its employees activities

Question 3

respondent superior

Answer 3

employer may be held vicariously liable for the tortious acts of an employee committed incidental to or during the scope of employment

Question 4

requirements to apply respondeat superior

Answer 4

1. there needs to be an employer-employee relationship
2. employee must have committed the tort in the course and stop of employment

Question 5

Indemnification

Answer 5

If π collects against a vicariously liable employer, employer may pursue a common-law indemnification claim against employee- mentioning they have the right to sell full reimbursement for all damages paid stemming from tort employee committed

Question 6

scope of employment- servant

Answer 6

conduct is in scope of employment if:
- it is the kinda they’re employed to perform
-It occurs substantially within the authorized tome and space limits
- it is actuated by a purpose to serve the master
- if force is intentionally used by servant against another, use of force is not unexpected by the master

Question 7

frolic

Answer 7

when employee has substantially deviated from his appropriate duties- so that they are no longer within the course and scope of employment

Question 8

detour

Answer 8

when employee deviates, but not substantially, from his appropriate duties such that he remains w/in the course and scope of employment