Liability

Question 1

What is the doctrine that holds an employer liable for torts committed by an employee?

Answer 1

Respondeat superior

This doctrine applies when an employer-employee relationship exists.

Question 2

What is the primary consideration in determining an employer-employee relationship?

Answer 2

The extent of control exercised by the principal over the agent’s work

More control increases the likelihood of the agent being considered an employee.

Question 3

List three factors relevant to determining the employer-employee relationship.

Answer 3

• Nature of the work
• Skill required
• Method of payment

Other factors include who supplies equipment and the length of employment.

Question 4

What does it mean for an employee’s conduct to be within the scope of employment?

Answer 4

The conduct is of the same general nature as that authorized by the employer

Courts examine factors such as whether the conduct serves the employer.

Question 5

True or False: An employer is liable for an employee’s frolic.

Answer 5

False

An employer is not liable for major deviations from the scope of employment.

Question 6

Under what conditions can an employer be liable for an employee’s intentional tort?

Answer 6

• The tort was authorized by the employer
• The force is within the scope of employment

Examples include security guards using force in the line of duty.

Question 7

What is ‘joint and several liability’?

Answer 7

Each party is independently liable for the full extent of damages

A plaintiff can collect the full judgment from any one of the liable parties.

Question 8

What is the purpose of contribution in liability cases?

Answer 8

Allows a defendant who pays more than their share to recover from other liable defendants

Recovery is limited to the percentage share of fault.

Question 9

Fill in the blank: Alternative liability allows the plaintiff to shift the burden of proving _______ to the defendants.

Answer 9

causation

This occurs when the plaintiff cannot identify which defendant caused the harm.

Question 10

What is indemnification in tort law?

Answer 10

Allows a passive tortfeasor to recover complete reimbursement from an active tortfeasor

This often arises in vicarious liability situations.

Question 11

Provide an example of indemnification.

Answer 11

An employer seeking reimbursement from an employee for damages paid due to the employee’s negligence

The employer is the passive tortfeasor, and the employee is the active tortfeasor.