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When is an employer vicariously liable for an employee (respondeat superior)?
Arises where an employer is being held liable for an employee's tortious conduct in the scope of employment
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Can an employer seek indemnity from an employee?
Yes, but they rarely do so.
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Can a employer be directly negligent for employee actions?
Yes, if the were negligent in hiring the employee?
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Are employers vicariously liable for intentional torts by an employee?
No, unless the employee believes he is operating in the benefit of the business
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Are employer's vicariously liable for independent contractors?
No, unless the relationship appears to be more consistent with an employee-employer relationship
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What factors are used to determine whether a party is an employee or independent contractor?
Whether the hirer dictates means, method and manner the person works. More control means more likely to be an employee and vice versa.
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Does a parent have vicarious or direct liability for their children's actions?
Parent's can be liable for their own negligence but are not vicariously liable for their child's negligent behavior
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What was the common law rule for wrongful death?
In the 1800s, if the plaintiff died, no action could be brought by the plaintiff or the family of the plaintiff
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What are survival statutes?
Statutes that all states have that allow a decedent's estate to continue a claim after death
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What are wrongful death statutes?
Statutes that all states have that allow a decedent's estate to collect pecuniary damages for a wrongful death.
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What is loss of consortium?
An action for loss of comfort, companionship, and access to sexual relationships
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