Vicarious Liability and Other Miscellaneous Considerations

Question 1

Employer-Employee

Answer 1

An employer will be vicariously liable for tortious acts committed by their employee if the tortious acts occur within the scope of the employment relationship. (respondeat superior)

Question 2

Vicarious liability of independent contractor exception

Answer 2

Generally the principal is not vicariously liable for the tortious acts of an agent. Exception– situations where a duty is simply nondelegable due to public policy considerations, like keeping a businessplace safe for customers.

Question 3

Joint and several liability

Answer 3

under traditional common law, when two or more negligent acts combine to proximately cause an indivisible injury, each negligent actor will be jointly and severally liable.

Question 4

contribution

Answer 4

rule of contribution allows a defendant who pays more than their share of damages under joint and several to have a claim against other jointly liable parties for the excess; it apportions responsibility among those at fault

Question 5

methods of apportionment

Answer 5

• comparative contribution
• equal shares
• contribution tortfeasor must have liability
• not applicable to intentional torts

Question 6

indemnification

Answer 6

indemnification involves shifting the entire loss between or among tortfeasors.

Question 7

Indemnity is available in the following circumstances:

Answer 7

• in vicarious liability situations
• under strict products liability for the non-manufacturer

Question 8

comparative contribution

Answer 8

most comparative negligence states have adopted a comparative contribution system where contribution is in proportion to the relative fault of the various defendants

Question 9

loss of consortium between spouses

Answer 9

either spouse may bring an action for indirect interference with consortium and services caused by the defendant’s intentional or negligent tortious conduct against the other spouse