Miscellaneous Torts

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  1. When is an employer vicariously liable for an employee (respondeat superior)?
    Arises where an employer is being held liable for an employee's tortious conduct in the scope of employment
  2. Can an employer seek indemnity from an employee?
    Yes, but they rarely do so.
  3. Can a employer be directly negligent for employee actions?
    Yes, if the were negligent in hiring the employee?
  4. Are employers vicariously liable for intentional torts by an employee?
    No, unless the employee believes he is operating in the benefit of the business
  5. Are employer's vicariously liable for independent contractors?
    No, unless the relationship appears to be more consistent with an employee-employer relationship
  6. What factors are used to determine whether a party is an employee or independent contractor?
    Whether the hirer dictates means, method and manner the person works. More control means more likely to be an employee and vice versa.
  7. Does a parent have vicarious or direct liability for their children's actions?
    Parent's can be liable for their own negligence but are not vicariously liable for their child's negligent behavior
  8. What was the common law rule for wrongful death?
    In the 1800s, if the plaintiff died, no action could be brought by the plaintiff or the family of the plaintiff
  9. What are survival statutes?
    Statutes that all states have that allow a decedent's estate to continue a claim after death
  10. What are wrongful death statutes?
    Statutes that all states have that allow a decedent's estate to collect pecuniary damages for a wrongful death.
  11. What is loss of consortium?
    An action for loss of comfort, companionship, and access to sexual relationships
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Miscellaneous Torts
Flashcards from Kaplan Torts lecture
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