Vicarious Liability

Question 1

Respondeat Superior

Answer 1

Employer is VL for tortious acts committed by employee if acts are within the scope of employment.

Question 2

Frolic v. Detour

Answer 2

Frolic - minor deviation; still in scope of employment even if for employee’s own purposes
*(employer liability under VL)

Detour - substantial deviation; outside scope of employment
*(NO employer liability under VL) but still may be liable under negligence theory

Question 3

Intentional Torts (Respondeat Superior)

Answer 3

Usually not within the scope of employment.

Exceptions:

• force authorized in employment (ex: bouncer)
• friction generated by employment (ex: bill collector)
• employee furthering business of the employer (ex: removing customers from premises b/c they’re rowdy)

Question 4

Independent Contractors

Answer 4

Generally NO VL for independent contractors

Exceptions:

• engaged in inherently dangerous activity (ex: excavating next to public sidewalk; blasting)
• duty is nondelegable b/c of public policy
  (ex: duty to of business to keep premises safe for customers)

Question 5

Partners & Joint Venturers

Answer 5

Each member VL for each other if actions are w/in the scope and course of the affairs of the business

Question 6

Automobile Owners for Drivers

Answer 6

Generally NOT VL for driver of your car.

Question 7

Family Car Doctrine

Answer 7

Owner liable for conduct of immediate family or household members driving w/ owner’s express/implied permission.

Question 8

Permissive Use

Answer 8

Owner liable for damage caused by ANYONE driving with owner’s consent.

Question 9

Negligent Entrustment

Answer 9

Owner liable for her own negligence in entrusting car to the driver. (THIS NOT VL)

If owner present @ time of accident & could’ve prevented it, may be liable for negligence. (NOT VL)

Question 10

Bailor for Bailee

Answer 10

Generally no VL for bailee’s conduct.

Bailor may be liable for own negligence in entrusting bailed object to bailee. (NOT VL)

Question 11

Parent for Child

Answer 11

Generally no VL for child’s conduct unless willful or intentional tortious conduct of minor children. (most states put cap on dollar act)

Exception:
If child acting as parent’s agent, parent liable for tort.

*Parent still liable for own negligence (NOT VL) in allowing child to do something especially if parent is told of child’s past conduct showing tendency to injure another.

Question 12

Tavernkeepers

Answer 12

CL: No liability on vendors of intoxicating beverages for injuries resulting from vendee’s intoxication.

Question 13

Dramshop Laws

Answer 13

Creates cause of action in favor of any 3rd person injured by intoxicated vendee.

**Based on negligence and NOT VL principles.