8. Liability Issues

Question 1

VICARIOUS LIABILITY

Answer 1

Liability that is derivatively imposed.

Question 2

VICARIOUS LIABILITY

Respondent Superior

Answer 2

• Employers are liable for torts committed by employees within the scope of their employment

• Intentional torts (usually outside the scope unless)
o 1. job requires use of force (e.g. bouncer)
o 2. Job entails creating friction
o 3. Intentional tort is done to further the employer’s goals

Question 3

VICARIOUS LIABILITY

Independent Contractor

Answer 3

Employers are generally not liable for torts committed by independent contractors, except for acts that are:

1. Inherently dangerous or
2. Non-delegable duties.

Question 4

VICARIOUS LIABILITY

Partnership

Answer 4

Each partner is vicariously liable for any other partner’s tort committed within the scope of the partnership

Question 5

VICARIOUS LIABILITY

Parent-child

Answer 5

• Parents are not liable for their children’s tort
• But parents may be separately negligent if they had reason to know of a child’s propensity to injure or they facilitated the tort

Question 6

VICARIOUS LIABILITY

Tavernkeeper

Answer 6

Businesses serving alcohol may be held liable to P injured by intoxicated patron if business was negligent in serving patron.

Question 7

Joint & Several Liability

Answer 7

♣ Arises if the acts of two or more Ds combine to produce a single indivisible injury

Each D is jointly and severally liable for the entire harm if his action were a factor in bringing about P’s injury

Question 8

Contribution

Answer 8

♣ D who pays more than her share of damages under joint & several liability can assert a claim against jointly liable parties for the excess paid.

• Not applicable to intentaional tort liability
• Contribution is usually imposed in proportion to relative fault

Question 9

Indemnity

Answer 9

♣ Involves shifting the entire loss between or amongst Ds.

Available by contract, in vicarious liability situations or under strict product liability