Vicarious Liability And Joint Liability and Contribution

Question 1

Respondeat Superior (Taber v. Maine)

Answer 1

• Scope of Employment:
  o Employer is liable for torts of its employees when they are committed within the scope of employment.
• Drinking on base characteristic of employment.
• Drinking Permitted by employer.
• Drinking Typical on base during off-duty hours.

Question 2

o Frolic vs. Detour

Answer 2

 - detour = a slight deviation from an employee’s job obligations normally taken while doing his job.
 - Frolic - employee deviates from business obligations so much that he is considered to be “doing his own business”

Question 3

• Direct liability (Employer)

Answer 3

• an employer can be directly liable for failing to screen or supervise an employee if that failure results in injury.
  eg. Hiring a person cited for Drunk driving as a truck driver.

Question 4

• Vicarious Liability -

Answer 4

Employer is liable for the torts of its employees when those torts are committed within the “scope of employment”.

Question 5

Joint / Several Liablity

Answer 5

• careless actions by 2 or more tort-feasors occurring at the same time or together to cause a Single Injury.
• Injury is INDIVISABLE.

Question 6

RAVO V. ROGATNICK (NY 1987)

- Medical Malpratice (2 doctors held jointly and severally liable for brain damage to a girl)

Answer 6

• No way for experts to apportion liability (% of liability could not be determined)
• Both acted together to cause a Single Injury.

MAIN ISSUE OF THE CASE:
- Apportionment of Fault (by jury) defines the amount the defendants may claim from each other.
- It DOES NOT alter joint and several liability of defendants for a single indivisable Injury
(Plaintiff still recovers from either D).

Question 7

Independant and Successive Liability

Answer 7

1) Tort-feasors liable only for the separate injury or aggravation their conduct caused.
2) Orignal Tort-Feasor will sometimes be held liable for the injuries of a successive tort-feasor. (car accident + medical malpractice)
- 3) Successive Tort-feasor is only liable for the damage / separate injury or aggravation his injury caused.
4) If there is no way to allocate liablility reasonably or logically, then.Independent and Successive tort-feasors are held jointly and severally liable.

Question 8

Hawkes v. Goll (Simultaneous Conduct Not Necessary for J/S Liability)

Answer 8

• No evidence available to divide Injuries / apportion
• Personal Injury / Wrongful Death suit against 2 car drivers.
• 1st car hit and threw P across the highway
• 2nd D hit and dragged P across the highway 40-50 ft.

Question 9

BENCIVENGA V. J.J.A.M.M. INC. (NJ. SUPER. APP. DIV 1992) - Club Beating By Bouncer (Intentional Tort)

Answer 9

Butler v. Acme Markets,
- Proprietors:
- duty of Reasonable Care to
1) discover intentionally harmful acts are being done, or are likely to be done,
2) or to warn patrons, or otherwise protect them from harm.
(REstatement 2nd Torts)

Unknown Tort-Feasor
- Statute precludes the inclusion of a Ficticious / Unknown tort-feasor for the purposes of apportionment of fault.

Question 10

“scope of employment”.

Answer 10

Activity Done while:

• Furthering interests of business.
  
  • Characteristic Activity of employment OR,
  • Typical activity, permitted by employer.
  • Detour, Not a Frolic.