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Flashcards in Vicarious Liability Deck (13)
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1

Vicarious liability flows from a _____.

Realtionship

2

4 classic vicarious liability relationships.

Employer-employee

Independent contractor-hiring party

Automobile owner-driver

Parents-Children

3

An employer is vicariously liable for his employee's actions if committed . . .

In the scope of employment.

4

Intentional torts are usually included/excluded in/from vicarious liability.

Excluded.

5

While intentional torts are usually excluded from vicarious liability, a job that gives authorization to use _____ could give way to vicarious liability

Force

6

While intentional torts are usually excluded from vicarious liability, a job that involves friction/tension, could give rise to vicarious liability. T or F?

T

7

While intentional torts are usually excluded from vicarious liability, any situation in which the intentional tort is being perpetrated is an effort to ______ the ______ of the employer could give rise to vicarious liability.

Advance the interests of the employer

8

Hiring parties are/aren't responsible for the conduct of independent contractors they hire.

Aren't

9

While hiring parties aren't responsible for the conduct of independent contractors they hire, a business owner WILL be held vicariously liable if a contractor hurts a _____ on the property.

Invitee.

10

Generally, an automobile owner is/isn't vicariously liable for the acts of the person driving his car.

Is NOT

11

While an automobile owner generally isn't vicariously liable for the acts of the person driving his car, if the driver is doing what, then vicariously liable.

Running an errand for the owner.

12

Parents are/aren't vicariously liable for the torts of their children.

Aren't

13

EXAM CAUTION: Vicarious liability is alway a doctrine of last resort. Because of this, you should always ask yourself . . .

"can I hold this party liable for his own misconduct."