Vicarious Liability

Question 1

Vicarious Liability

Answer 1

Employer is vicariously liable for the torts of employee that occur within the course and scope of their employment.

If detour or frolic look to foreseeability of deviation. Liable for detour not frolic.

Liable for borrowed employee.

Independent Contractors - Generally not liable, except; 1) engaged in strict liability activity, 2) Non-delagable duties, 3) if employer had control over employee

Question 2

Joint Venture

Answer 2

One is liable for other’s conduct, when an agreement for common purpose and both have equal voice.

Question 3

Automobile Access

Answer 3

Owner is liable for injures caused by family members or if permissive use statute

Question 4

Parent/Child

Answer 4

CL - not liable for children
ML - liable for willful and intentional tors of minor. entrusting child with dangerous instrument, parent knows of wrongdoing and consents, ratifies or fails to control.