Vicarious Liability & Other Micellaneous Considerations

Question 1

Active vs. Passive Tortfeaser (Vicarious Liability)

Answer 1

Active Tortfeaser: Party whose affirmative conduct caused the harm

Passive Tortfeasor: Party held viacariously liable based on relationship to active tortfeasor

Question 2

Employer & Employee Relationship (Vicarious Liability)

Answer 2

Employer can be held liable if employee acting within scope of employment at time of accident
* Minor Deviation (Detour) =still acting within the scope of employment.
* Substantial Deviation (Frolic) = Employer is not liable.

Intentional Torts (respondent superior)= generally outside scope of employment. Exceptions:
* Employee acting to further employer’s purposes
* Occupation involves authorization to use physical force

Question 3

Independent Contractors & Hiring Party (Vicarious Liability)

Answer 3

Hiring party generally not liable for torts committed by independent contractor
* Business owner can be held liable if independent contractor working on business premises and hurts customer

Question 4

Joint & Several Liability

Answer 4

P can recover full damages from any D that P chooses

Question 5

Contribution & Comparative Contribution

Answer 5

Contribution: D seeks compensation from co-defendants

Comparative Contribution: Contribution imposed in proportion to relative fault of various D’s

Question 6

Indemnification

Answer 6

Full reimbursement to out-of-pocket D
* Available for Vicarious Liability & Strict Liability (for non-manufacturer)