Deck 14: Vicarious Liability

Question 1

Part of the reason for holding employers vicariously liable is that employers should consider the expense of reimbursing those whom their employees injure as part of the cost of doing business.

Answer 1

True

Question 2

Under the family purpose doctrine, the head of the family is vicariously liable for the negligence of anyone who drives his or her vehicle.

Answer 2

False

Question 3

Under the exception, one who entrusts work to an independent contractor, but who maintains control over any part of the work, is liable for the physical harm to others caused by the independent contractor's negligence.

Answer 3

retained control

Question 4

When you take your car into the service station for repair, you as the are not vicariously liable for the negligence of the service station, which is the .

Question 5

A court considers method of payment and length of employment in deciding whether an individual is an employee or an independent contractor.

Question 6

An employer is not liable if an employee negligently delegates his or her authority to another person who in turn commits a tort.

Question 7

An employer is never liable for the intentional torts of an employee.

Question 8

An employer is not liable for the negligence of an independent contractor even if the employer is negligent in failing to inspect the independent contractor's work product.

Question 9

Under the doctrine of _, an employer is vicariously liable for the acts of an employee so long as the employee is acting within the and of his or her employment.

Question 10

An employer remains liable if he or she delegates a nondelegable duty to an independent contractor.

Question 11

An employer is not vicariously liable for acts committed by an employee if the employer had expressly forbidden the commission of such acts.

Question 12

Employers are liable for the negligence of independent contractors hired to carry out activities involving extraordinary risks even if those risks are not recognizable in advance.

Question 13

An employer is generally liable for the negligent acts of employees committed while they are coming to or leaving work.

Question 14

In most jurisdictions today, physicians are vicariously liable for the negligent acts committed by those under the physician's control.

Question 15

In a contributory negligence state, if the negligence of an employee is to the employer, the employer will be considered negligent as well.

Question 16

Under the doctrine, the head of a family is vicariously liable for the negligent acts of members of his or her family committed while driving the family vehicle; while under a(n) statute, the owner of a vehicle is vicariously liable for negligent acts committed by someone who had the owner's permission to drive the vehicle.

Question 17

Bailees are vicariously liable for the negligence of bailors.

Question 18

Courts today generally find employers liable for the acts of employees committed while deviating from their business purpose so long as their deviation is reasonably foreseeable.

Question 19

A is created when two or more people share an agreement to carry out a common purpose and have a common pecuniary interest.

Question 20

If an employer refers to someone as an independent contractor, that label is not dispositive of the actual nature of their relationship.

Question 21

In wrongful death and loss of consortium claims, the contributory negligence of the injured party is generally not imputed to the plaintiff.

Question 22

The family purpose doctrine is most often applied in cases involving underinsured minors who are negligent in their driving.

Question 23

What are the four elements that must be satisfied in order to have a joint enterprise?

Question 24

Parents are never liable for the intentional torts of their children.

Question 25

A social trip is a type of joint enterprise.

Question 26

What is an automobile consent statute?

Question 27

Under the modern rule, contributory negligence is not imputed unless negligence could also be imputed.

Question 28

Automobile consent statutes are not applicable when the bailee exceeds the scope of the bailor's consent even if the deviation is minor.

Question 29

Name two circumstances in which an employer is not vicariously liable for the acts of an employee.

Question 30

Under the retained control exception, the employer must maintain control over the manner of work being performed by the contractor.

Question 31

What is the common-law rule regarding the vicarious liability of bailors?

Question 32

In what type of situations is the family purpose doctrine most likely to be relied on by a plaintiff?

Question 33

In most jurisdictions today, the negligence of a driver is imputed to his or her passengers.

Question 34

The omnibus clause in most automobile liability insurance policies has substantially reduced the need for automobile consent statutes.

Question 35

A joint venturer is vicariously liable for the negligent acts of other members of the joint venture of which he or she is a member.

Question 36

What is the reasoning behind holding employers vicariously liable for the acts of their employees?

Question 37

An employer that delegates repair work to an independent contractor has no liability if that independent contractor negligently injures a business invitee.

Question 38

Name two circumstances in which an employer is vicariously liable for the acts of an independent contractor.

Question 39

Why are automobile consent statutes no longer as useful today as they once were?

Question 40

What is the family purpose doctrine?

Question 41

If an employee is involved in an accident while driving a company car, why might the employer not be able to sue the other driver involved in the accident if the rule of contributory negligence is applicable?

Question 42

When might a parent be vicariously liable for the acts of a child?

Question 43

Would the result presented in question 10 be any different if the wife, instead of the employer, of the driver wanted to sue the other driver for his contribution to her injuries? Explain your answer.