Vicarious liability/miscellaneous. Flashcards
When is an employer Vicarious liable for acts of employee?
If employee does them in scope of employment.
What is a detour? Are employer’s vicariously liable?
A minor deviation for employer’s buisness yes
What is a frolic?
A substantial deviation in time/geographic area, employer not liable.
When are employers vicariously liable for intentional torts?
WHen emloyee is:
1) Furthering business of employer
2) Force is authorized
3) Friction is generated (bill collector)
When is employer liable for own negligence?
When they negligently select/supervise their employees.
When is an employer not vicariously liable for actions of independent contractor? When are they?
When they don’t control manner and method of Ind. Con. job
When they fail to keep premises safe for customers.
WHen is a an employer liable for their own negligence with contractors?
HIring/supervising
When is automobile owner for their own actionsliable?
When they entrust a car to dumb driver.
If vicarious liability fails, how else can a plaintiff be successful against an employer with deeper pockets?
If employer was negligent in supervising person, or entrusting a dangerous object to someone not equipped to handle it.
What is contribution?
Defendant who pays more than their fair share have claim against other jointly liable partners for their amounts.
Comparative contribution?
Proportion to relative fault.
What is indemnification and when is it applied?
It shifts entire loss between or among tort feasors.It applies when the paying defendant is much less responsible than non paying.
OR
Is liable vicariously due to relationship with non paying D.
When is indemnification available?
1) VL situations
2) Strict products liability for non manuf-
3)
When will immunity attach to federal governments?
intentional torts basically.
