Vicarious Liability Flashcards
Respondeat Superior
Employer is vicariously liable for torts of employee that occur within the COURSE and SCOPE of employment
Respondeat Superior: Issues
Detour vs. Frolic:
- detour: minor deviation so within scope
- frolic: major deviation
Intentional Tort:
-not within scope unless authorized or furthers master’s business
Borrowed Servant:
-if there is an agency relationship, then borrower is liable
Repondeat Superior vs. Negligent Hiring
D (employer) is liable for his own negligence
Independent Contractor
Rule: principal not liable for torts of agent if agent independent contractor
Independent Contractor: Exceptions
-Inherently dangerous activity
- Non-delegable duty
- responsibilities so important that employer should not be permitted to transfer the duty to another
- e.g. maintain roads, fence around construction, keep premises safe for business visitors)
Independent Contractor: Issues
- employer maintains control
- collateral negligence rule: master is responsible only for risks inherent in the work, not for collateral negligence of independent contractor
- negligent hiring/supervision
Joint Activity
Rule: Each member of a partnership or joint venture is vicariously liable for torts of another member committed within the scope of the relationship
Joint Activity: Elements
- Agreement
- Common Purpose
- Equal rights of voice and control
Auto
Rule: One is generally not vicariously liable for conduct of another driving one’s auto
Auto: Exceptions
- principal/agent
- negligent entrustment (direct liability)
- statutory (e.g. family purpose doctrine)
Parent-Child
GR: Parent no liable
Parent-Child: Exceptions
- negligent entrustment
- child of known dangerous propensities
- child as parent’s agent
- many parental responsibility laws
