Vicarious Liability and other Misc Considerations

Question 1

Vicarious Liability

Answer 1

P could sue two people.

Active tortfeasor: party whose affirmative conduct caused the harm.

Passive tortfeasor: party held vicariously liable based on relationship to active tortfeasor.

Two key relationships:
1) Employer-employee
2) independent contractor

Question 2

Employer-Employee VL

Answer 2

Employer can be held liable if employee acting WITHIN SCOPE OF EMPLOYMENT at the time of accident

Question 3

Frolic or departure (emplyoer-employee)

Answer 3

If minor (physical) departure from work, employer still liable

If major departure from work, employer not liable

Example: Delivery driver two blocks from route, vs other side of the state

Question 4

EMployer-Employee liablity and INTENTIONAL torts

Answer 4

Generally outside scope of employment.

BUT if employee acting to further employer’s purposes, then liable. Pretty broad.
-ex. hitting someone for using fake coupon

AND if part of job is use of physical force (bouncer), misuse is within scope and t/f liable.

Question 5

Independent Contractor Viacarious liability

Answer 5

Hiring party generally not liable.

EXCEPTION: Business owner can be held VL if IC working on BUSINESS PREMISES and hurts CUSTOMER

Question 6

Case of Multiple Defendants

Answer 6

Jointly and severally liable. Meaning P can recover full damages from ANY D.

D can then go after other D for his share of the damage. “Contribution/ Comparative contribution.” But if other D is insolvent, D is out of luck.

BUT Indeminifcation scenarios

Question 7

Indemnification

Answer 7

Full reiumbursment for out-of-pocket D.

Scenarios:
1) Held vicariously liable
2) Strict liability if D is retailer acting against negligenct manufacturer

Question 8

Loss of Consortium

Answer 8

Claim by spouse of injured party, derivative of injured party’s claim.

Both parties share defenses.

Covers damages:
1) Loss of household services
2) Loss of society/compansionship
3) Loss of sex