Vicarious liability

Question 1

Respondeat Superior: Gen Rule

Answer 1

Employer liable for the neg. act of employee when employee acting in scope of employment. Also, intentional torts of employee when conduct is reasonably connected with the scope of employment.

Question 2

Employer and punitive damages

Answer 2

Employer generally not liable for punitives. EXC: If party that is vicariously liable has played in some way that they have facilitated the aggravating factors, they can be liable for punitives

Question 3

Employer will not be liable for:

Answer 3

Going and coming rule-driving to and from work. EXC: If employee going and coming endangers other with a risk arising from or related to work, then employer will be liable for vicarious liability

Question 4

Frolic and Detour

Answer 4

Frolic-Abandonment of job, not within scope. Detour-Slight deviation, may be within scope.

Question 5

Independent contractor

Answer 5

Employer generally not liable for acts of Independent Contractor. EXC: liable for act of IC when IC neg. performed a non delegable duty. Non deleable duties-inherently dangerous activities, landlords, safety ordinances

Question 6

Vicarious liability based on

Answer 6

relationship

Question 7

Employer liable for own….

Answer 7

neg in hiring or retaining an employee without adequately checking the employees background or failing to properly train the employee

Question 8

NC & Imputed Neg (Family purpose doctrine)

Answer 8

Imputes the neg. of the driver to the owner when: Driver member of owner’s family or household and living in his home, Vehicle for owner’s family use & Driver has consent to use vehicle at time of accident.

Question 9

NC & Imputed Neg (Owner-Occupant Doctrine) Gen rule

Answer 9

1. Owner is passenger in vehicle and 2. Driver is driving with owner’s permission. Neg. Imputed.

Question 10

Imputed Neg imputes Contrib