General Tort Consideration

Question 1

Respondeat Suprerior

Answer 1

EMployer can be liable for torts of employees if within teh scope of the employer (think about bouncer)

Question 2

principal independent contract

Answer 2

Rule - prinicipal is NOT vicariously liable for torts of independent contracts unless

a. The independent contractor is engaged in inherently dangerous activities
b. The principal’s duty cannot be delegated because of public policy consider- ations

Question 3

parent

Answer 3

not liable for child’s torts but must pay

Question 4

joint and several liability

Answer 4

when two or more tortious acts combine to proximately cause an indivisible injury to the plaintiff, each tortfeasor is jointly and severally liable for the injury
a. The plaintiff can recover his entire damages from any one of the tortfeasors

if one tortfeasor pays more than its fair share, he can go after the others to pay their proportion

Question 5

survival and wrongful death

Answer 5

1. Survival statutes preserve a victim’s cause of action after his death, except for torts involving intangible personal interests (e.g., defamation). separate claim. Can put the same defenses against the consortium party. this is to allow damages for 91) loss of household services, (2) loss of society (companionship), (3) loss of sex