Vicarious Liability Flashcards
(7 cards)
Is a principal liable for tortious acts of independent contractors?
A principal will not be liable for the tortious acts of its agent if the agent is an independent contractor. One exception is when the contractor is engaged in inherently dangerous activities. Such an activity does not have to be classified as abnormally dangerous; it need only be an activity in which there are special dangers to others inherent in or normal to the activity.
Dramshop acts
Dramshop acts create a cause of action in favor of any third person injured by an intoxicated vendee. This allows bartenders to be held vicariously liable for the actions of intoxicated vendees.
Respondeat superior
Under the doctrine of respondeat superior, an employer is vicariously liable for tortious acts committed by his employee within the scope of the employment relationship.
Vicarious liability in partnerships and joint ventures
Vicarious liability for the conduct of another can arise in partnership and joint venture situations. Each member of the partnership is vicariously liable for the tortious conduct of another partner committed in the scope of the partnership’s affairs.
Frolic
If a tortfeasor has gone off on a frolic of his own, he is no longer acting within the scope of employment/scope of the partnership’s affairs.
Detour
A minor deviation from the employment activity/partnership activity will not take it outside the scope of employment/partnership’s affairs.
Can parents be vicariously liable for the torts of their child?
At common law, parents are not vicariously liable for the torts of their child. Parents can be liable, however, for their own negligence, i.e., in not exercising due care under the circumstances. Thus, if parents know their child may be violent, they could be negligent if they do not take precautions to prevent that behavior or injury from that behavior. However, if the parents have no reason to know their child could be violent, they have no duty to protect against such behavior.
