Vicarious liability Flashcards
What is vicarious liability?
Is the liability of a person who or entity that is not at fault, for the torts of another person or entity.
How do you define an employer?
An employer is a principal who employs someone to perform service in his affairs and who controls or has the right to control the physical conduct of the other in the performance of the service.
How do you define an employee?
An employee is someone employed by an employer to perform service in his affairs whose physical conduct in the performance of the service is controlled or is subject to the right to control by the employer.
How do you define an independent contractor?
An independent contractor is a person who contracts with another to do something for him but who is not controlled by the other nor subject to the other’s right to control with respect to his physical conduct in the performance of the undertaking.
How do you determine vicarious liability?
the extent of control, distinct occupations, the skills required, who supplies the instrumentalities, the time the person is employed, the type of payment.
What are nondelegable duties?
One who by statute or by administrative regulation is under a duty to provide specified safeguards or precautions for the safety of others is subject to liability to the others for whose protection the duty is imposed for harm caused by the failure of a contractor employed by him to provide such safeguards or precautions.
What is nuisance per se?
i. Can be equated with an inherently dangerous activity or job.
ii. It is an activity in which can be carried on safely only because of the exercise of a special skill and care.
What is apparent authority?
One who employs an independent contractor to perform services for another which are accepted in the reasonable belief that the services are being rendered by the employer or by his servants, is subject to liability for physical harm caused by the negligence of the contractor in supplying such services, to the same extent as though the employer were supplying them himself or by his servants.
