General considerations for all tort cases

Question 1

Vicarious liability: respondeat superior: intentional torts (rule + exceptions)

Answer 1

Usually intentional tortious conduct by EEs is not within the scope of employment

Exceptions:

(1) force authorized by ER (bouncer)
(2) friction generated by employment (bill collector
(3) EE is furthering the business of the ER (removing customers from premises b/c they are rowdy)

Question 2

Vicarious liability: ICs (rule + exceptions)

Answer 2

In general, principal not vicariously liable for tortious acts of her IC agent

Exceptions:

(1) IC engaged in inherently dangerous activities (excavating next to a public sidewalk or blasting)
(2) Duty, b/c of policy considerations, is simply nondelegable (meaning it’s still principal’s duty of care) (duty to use due care in building a fence around excavation site)

Question 3

Wrongful death acts

Answer 3

Grant recovery for pecuniary ($) injury resulting to spouse and child (not about harm to dead guy)

Question 4

Survival statutes

Answer 4

Allow one’s cause of action to survive death of one or more parties

Apply to actions involving torts to property and and torts resulting in personal injury, but not torts invading intangible personal interests (e.g. defamation, invasion of right of privacy, malicious prosecution)