Torts Misc. - MBE
Card Set Information
Torts Misc. - MBE
miscellaneous tort concepts
miscellaneous tort concepts for MBE
What is vicarious liability in the EE/ER context?
where ER is being held liable for EE tortious conduct w/in the scope of EE's employment
In Respondeat Superior, must the ER have done anything wrong to be liable?
no he will be held liable b/c of the nature of the EE/ER relationship
Can ER seek indeminty from an EE under Respondeat Superior?
yes but they rarely do
ER can be directly liable if they are negligent in what?
Will an ER be liable for the intentional torts committed by an EE?
not generally b/c are outside the scope of employment
When will an ER be liable for the intentional torts of its EE?
when EE believes, even mistakenly, that he is acting to benefit his ER
What is the general rule regarding vicarious liability and ICs?
person hiring an IC isn't liable for the IC's torts
Whether a person is an IC rather than an EE will depend on what?
whether the person controls the means, manner, and time in which the job is carried out
Are parents generally liable for the torts of their children?
no but they may be liable for their own torts
Under CL, what was the effect of the P's death on a pending lawsuit?
the lawsuit died with him
Under survival statutes, if the P dies while a lawsuit is pending what is the result?
the P's estate will carry out the lawsuit - it doesn't die with P
Under wrongful death statutes, P's heirs may bring a lawsuit for what?
the injuries they suffer resulting from the loss of loved ones
What is loss of consortium?
brought by spouse of P for loss of comfort, companionship, and sexual relationship
Can family members other than spouses sue for loss consortium?
some states have extended this to other family members with respect to loss of comfort and companionship