Vicarious Liability

Question 1

Vicarious Liability

Answer 1

Under the theory of vicarious liability, a defendant who is not
charged with personal fault or wrongdoing may be held liable for the tortfeasor’s act
because of the defendant’s relationship to the tortfeasor (e.g., the defendant is an
employer, joint venturer, car owner, bailor, parent, etc.) A defendant who is held
vicariously liable has the right to indemnification by the tortfeasor.

Question 2

Joint Venturers

Answer 2

Joint venturers are similar to partners except that joint venturers share
only a short, specific purpose, such as a trip or single transaction. Joint venturers are
generally vicariously liable for each other’s torts in furtherance of the venture.

Question 3

Respondeat Superior

Answer 3

The literal translation is “let the superior answer.” The doctrine
applies in employment situations to hold the employer vicariously liable for his
employee’s torts which are committed within the scope of employment.

Question 4

Scope of Employment

Answer 4

A tort is committed within the scope of employment when the
employee was acting with an intent to further his employer’s business interests, even if
the employee acted indirectly or unwisely, and even if the employer forbade the
employee from such an act.