Vicarious Liability

Question 1

employee/servant

Answer 1

employer/master vicariously liable if tortious act within scope of employment relationship

Question 2

independant contractor

Answer 2

employer of independant contractor not vicariously liable unless activity is inherently dangerous or duty is nondelegable on public policy grounds.

Question 3

Partner or Joint venturer

Answer 3

other partners or joint venturers vicariously liable if tortious act within scope and course of partnership or joint venture

Question 4

Driver of Automobile

Answer 4

Owner of automobile not vicariously liable unless jurisdiction has family car doctrine or permissive use statute

Question 5

Bailee of Chattel

Answer 5

bailor not vicariously liable

Question 6

Child

Answer 6

Parent not vicariously liable (except for limited statutory liability for willful and intentional torts)

Question 7

Patron of Tavern

Answer 7

Tavernkeeper not vicariously liable in absence of Dramshop Act.

Question 8

Even if the related party is not vicariously liable, …

Answer 8

she may be liable for her own negligence

Question 9

Dram shop Act

Answer 9

such acts usually create a cause of action in favor of any third person injured by the intoxicated vendee. the foreseeable risk of serving a minor or obviously intoxicated adult. negligence principles.

Question 10

Independant contractor situations

Answer 10

in general a principal will not be vicariously liable for tortious acts of her agent if the agent is a independant contractor two broad exceptions

1. the contractor is engaged in a inherently dangerous activity
2. the duty is nondelegable (like duty of businesses to keep premises safe for customers).