Vicarious Liability & General Considerations Flashcards
What issues arise under Vicarious Liability?
R.I.P. Negligent A.C.T.
What issues arise under Vicarious Liability?
R.I.P. Negligent A.C.T.
Respondeat superior
Independent contractor
Partners and joint venturers
Negligent entrustment
Automobile Owner for Driver
Child/Parent
Tavernkeepers
Vicarious Liability
What is the rule for Respondeat Superior including Frolic and Detour theories?
Vicarious Liability
-
Respondeat Superior: Employer is VL if employee is acting w/n the scope of the employment relationship.
- Frolic and Detour: major frolic is not within scope of employment but minor detours are w/n scope.
Vicarious Liability
Are intentional torts within the scope of employment under Respondeat Superior
Vicarious Liability-Respondeat Superior
Intentional Torts: are not within scope of employment unless force is authorized (bouncer), friction is generated (bill collector), or furthering the business (remove rowdy customers).
VICARIOUS LIABILITY
What liability exists for Independent Ks?
VICARIOUS LIABILITY
- Independent K: Indep-Ks do NOT make Principals VL for torts UNLESS its 1) Inherently Dangerous Activity (e.g. excavation or blasting) or 2) a Non-Delegable Duty due to public policy (e.g. duty to keep premises safe for customers).
Vicarious Liability
What liability exists between Partners and JVs?
Vicarious Liability
- Partners and JVs: are VL if act committed within the course and scope of their partnership or venture. A JV is when 2+ people engage in a small number of acts with 1) Common Purpose (not always a business) AND 2) Mutual Right of Control.
Vicarious Liability
What is the rule for Negligent Entrustment?
Vicarious Liability
- Negligent Entrustment—D is liable for negligent entrust when 1) person has propensity to be dangerous with instrument, 2) D knew or should have known of propensity, 3) but still provided instrument 4) and a 3rd party is injured with the instrument.
VL
What is the liability for Automobile Owners and Drivers?
VL
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Automobile Owner for Driver: Generally car owner not VL, BUT:
- Family Car doctrine says owner is VL for immediate family/household members.
- Permissive Use VL Statutes say owner is VL if gave consent.
VL
What liability do Parents have the the acts of their Children?
VL
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Child/Parent: CL says parent is not VL for child unless child acted as agent for parents (e.g. errands, but not on date). Statutes may differ when wanton/reckless.
- COMPARE-Negligent Supervision of Child-If parents knew of dangerous or reckless propensity of child, AND had ability to but did NOT supervise/control, then parents liable for negligent supervision.
VL
What liability do Tavernkeepers have for their drunk patrons.
VL
At CL there is no liability for tavernkeeps but Dram Shop acts do create liability.
Multiple Defendants
What is Joint and Several liability?
Multiple Defendants
- Joint and Several Liability: When 2 or more acts combine to cause an indivisible injury each D is liable for the entire damage. Note: P does not need to join both in order to recover damages.
Multiple Defendants
What is the rule for Contribution?
Multiple Defendants
- Contribution: Where Joint and Several Liability exists, a tortfeasor who paid more than his fair share, is allowed to make claim against joint parties for the excess.
How does Indemnifiation work?
- Indemnification: indemnity allows the shifting of the entire loss between or among torfteasors.
What is Loss of Consortium & Loss of Services?
- Loss of Consortium & Loss of Services: spouses may recover damages for loss of spouse consortium or services due to any tort AND parents may recover for loss of services for child but child usually has no claim for injury to parent.
