Liability

Question 0

Vicarious liability of employer for independent contractor

Answer 0

Employer not liable as has no right to control contractor.
Exceptions:
1. Contractor has a duty related to the work (put fence around work area).
2. Contractor is hired to preform inherently dangerous activities.

Question 1

Vicarious liability of employer

Respondeat Superior.

Answer 1

Liable for negligence or strict liability of acts committed by employee within the scope of the employment.
* not include intentional torts.

Question 2

Vicarious liability of partners

Answer 2

Liable for each others torts committed in the course and scope of the partnership.

Question 3

Joint and several liability

Answer 3

If two or more actors act together to cause injury, they are all liable for the entire amount.
P can only collect the amount awarded once.
Applies where liability cannot be divided between tortfeasors.
* abolished in FL. Liability based on relative fault.

Question 4

Contribution

Answer 4

More than one D contributed to Ps injury, they are jointly and severally liable.
Ds can sue each other to recover amount they paid to P.

Question 5

Indemnity

Answer 5

Where D is vicariously liable, D can sue party that actually caused to damage.