Vicarious Liability

Question 1

Respondeat Superior

Answer 1

Employer will be vicariously liable for tortious acts committed by employee if within scope of employment.

not liable for intentional torts UNLESS within job description

Question 2

Frolic v. Detour

Answer 2

Minor devication from business for own purposes = detour

if deviation in time or geographic area is substantial = frolic

Question 3

Independent Contractor

Answer 3

Principal is generally not liable, except contractor engaged in inherently dangerous acitivites.

Question 4

Automobile Owner for Driver

Answer 4

Owner generally not liable

Exceptions:

Family Car Doctrine: owner liable immediate family or household members driving with express or implied permission.

Permissive Use: liable for anyone driving with owner’s consent.

Negligent Entrustment

Question 5

Bailor for Bailee

Answer 5

Generally bailor not liable

Question 6

Parent for Child

Answer 6

Parent generally not liable, by statute states may make parents liable for willful and intentional torts.

Child acting as Agent for Parent = parental liability

Question 7

Tavernkeepers

Answer 7

Common Law: no liability

Modernly: Dramshop Act = tavernkeepers may be liable.