Vicarious Liability (Very)

Very

Vicarious Liability

Under the theory of vicarious liability, a defendant who is not charged with personal fault or wrongdoing may be held liable for the tortfeasor’s act because of the defendant’s relationship to the tortfeasor (e.g., the defendant is an employer, joint venturer, car owner, bailor, parent, etc.) A defendant who is held vicariously liable has the right to indemnification by the tortfeasor.

Respondeat Superior (Employment Relationship)

The literal translation is “let the superior answer.” The doctrine applies in employment situations to hold the employer vicariously liable for his employee’s torts which are committed within the scope of employment.

Scope of Employment (Employment Relationship)

A tort is committed within the scope of employment when the employee was acting with an intent to further his employer’s business interests, even if the employee acted indirectly or unwisely, and even if the employer forbade the employee from such an act.

To / From Home (Employment Relationship)

Frolic (Employment Relationship)

Detour (Employment Relationship)

Independent Contractors

Joint Enterprise

Bailor

Bailee

Family Purpose Doctrine (Vehicle Ownership)

Consent Statutes (Vehicle Ownership)

Parent / Child

Joint Venturers

Joint venturers are similar to partners except that joint venturers share only a short, specific purpose, such as a trip or single transaction. Joint venturers are generally vicariously liable for each other’s torts in furtherance of the venture.