Vicarious Liability / Multiple Defendant Issues

Vicarious liability is liability imposed on one party for the [..1..] of an active tortfeasor based on the [..2..] between them

tort, relationship

In vicarious liability, Defendant 2 is completely [..1..] and has no [..2..] in causing the harm

passive, role

The active tortfeasor (Defendant 1) is the individual whose [..1..] or [..2..] actually caused the plaintiff's harm

act, omission

Vicarious liability is ALWAYS based on […]

relationships

An employer can be held vicariously liable for an employee's tort if the employee acted within the [..1..] of [..2..] at the time of the tort

scope, employment

The test for employer vicarious liability is whether the employee was acting within the [...]

scope of employment

The Frolic or Detour Dichotomy addresses an employee's departure from [...]

work-related duties

A detour is a major or minor departure from work-related duties?

minor

An employee on a detour is within or outside the scope of employment?

within

When an employee goes on a mere detour, it’s still possible to hold the employer […]

vicariously liable

A frolic is defined as a major departure from [...]

work-related duties

An employee on a frolic is within or outside the scope of employment?

outside

For a frolic, the employer will not be held […]

vicariously liable

An employer CAN BE held directly liable for the intentional tort of an employee if it was [..1..] and the employer was [..2..] in hiring or retaining the employee

foreseeable, negligent

General Rule: Intentional torts are generally considered outside the [..1..]

Exceptions: An intentional tort may be within the scope of employment if:

• committed to [..2..] the employer's [..3..] OR

• the employer [..4..] the employee to use [..5..]

scope of employment, further, agenda, authorized, physical force

General Rule: A party who hires an independent contractor is generally not [..1..] for the torts committed by that independent contractor.

Exception: A business owner is vicariously liable if an independent contractor hired to work on the [..2..] injures a [..3..]

vicariously liable, business premises, customer

A business owner's duty to protect customers from negligence on the property is non-[…]

delegable

Joint and Several Liability: On the bar exam, if a plaintiff wins against multiple defendants, all defendants will be [..1..] and [..2..] liable

jointly, severally

Joint and several liability means the plaintiff can collect [..1..] damages from any [..2..] defendant of plaintiff's choosing

full, single

Contribution is when one defendant seeks [..1..] from a [..2..] AFTER paying the plaintiff

partial reimbursement, co-defendant

Contribution Rule: The jury will assign each defendant a [..1..] reflecting their respective degree of [..2..]. Defendants pay contribution based on these [..3..]

percentage, responsibility, percentages

The rule for contribution based on assigned percentages is known as “[...]”

comparative contribution

These percentages for contribution DO NOT affect the plaintiff's ability to collect under joint and several [...]

liability

Indemnification is the legal term for an out-of-pocket party getting a full 100% […]

reimbursement

Indemnification

A party held vicariously liable for the wrongful act of another can seek full [...] from the person who actually committed the harm

reimbursement

Indemnification

In a strict products liability case, if the party who paid the plaintiff was NOT a [...], that party will be fully indemnified by the manufacturer.

manufacturer

Indemnification in products liability conceptually pushes [..1..] up the distribution chain to rest on the [..2..]

liability, manufacturer

A principal will be vicariously liable for the tortious acts of her independent contractor if the independent contractor is engaged in […]

inherently dangerous activities (e.g. excavating next to a public sidewalk, blasting)