Vicarious Liability

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Vicarious Liability by Mind Map: Vicarious Liability

1. 4 types of relationships

1.1. Respondeat Superior

1.1.1. Latin for let the superior respond for the actions of its agent

1.1.2. Not limited to negligence, includes intentional torts

1.1.3. Scope of employment

1.1.3.1. Exception:Going/coming rule

1.1.3.1.1. Unless employee endangers others w/ risks stemming from work

1.1.3.1.2. Foreseeability test

1.1.3.2. Frolic v. Detor

1.1.3.2.1. Frolic= no liability

1.1.3.2.2. Detour = Vicarious liability

1.1.3.3. Much broader in workers comp claims than vicarious liability

1.1.4. Liability without fault

1.1.5. Negligent Hiring

1.1.5.1. Negligence in hiring and retaining an employee

1.1.5.1.1. Failure to background check for previous crime, then hired and committed crime again.

1.2. Independent Contractor

1.2.1. No independent contractor is not under dominion and control

1.2.2. General Rule

1.2.2.1. One who arranges for the work of an independent contractor is not liable for his tortious acts

1.2.3. Hiring mechanic to do brakes

1.2.3.1. Certified mechanic- Did all you could to protect yourself. Becomes indemnification case

1.2.3.2. Failure to hire certified mechanic converts to contribution claim.

1.2.4. Non-Delegable Duties

1.2.4.1. Agent to protect a parcel from damages

1.2.4.2. to construct building safely

1.2.5. Certain duties may be delegated, but still have responsibility to the owner

1.2.5.1. abuse on child by foster parent

1.2.5.2. keeping car in good order

1.2.6. Doctrine of Apparent Authority

1.2.6.1. One who expressly or impliedly represents that another party is his servant or agent may be held vicariously liable for latter's negligence to the extent of the representation

1.2.6.1.1. Baby doctor (resident) messes up, hospital is vicariously liable.

1.2.7. Distinguishable from the negligent selection of contractors

1.3. Joint Enterprises

1.3.1. Elements

1.3.1.1. 1. Agreement, Express or Implied

1.3.1.2. 2. Common purpose to be carried out by the group

1.3.1.3. 3. Community of pecuniary interest in that purpose among the members

1.3.1.4. 4. An equal right to a voice in the direction of the enterprise, which gives an equal right of control

1.3.2. Other members of an enterprise are liable for the actions of one enterprise member

1.4. Bailments

1.4.1. When true owner temporarily gives up possession of property but remains legal owner

1.4.2. Liable under omnibus clause (Extinct modernly due to insurance)

1.4.3. If bailor is rental car company

1.4.3.1. Majority hold liable for bailee's actions

1.4.3.2. When another drove than listed, bailor gives implied consent and is therefore liable

1.4.3.3. Graves Amendment waives

1.4.3.3.1. Preempts state law and provides there is no vicarious liability for injury or damages arrising out of use of a vehicle rented or leased by someone in a business of leasing or renting vehicles

2. Affected by Diversity Jurisdiction Heavily