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What is vicarious liability in the EE/ER context?
where ER is being held liable for EE tortious conduct w/in the scope of EE's employment
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In Respondeat Superior, must the ER have done anything wrong to be liable?
no he will be held liable b/c of the nature of the EE/ER relationship
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Can ER seek indeminty from an EE under Respondeat Superior?
yes but they rarely do
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ER can be directly liable if they are negligent in what?
hiring
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Will an ER be liable for the intentional torts committed by an EE?
not generally b/c are outside the scope of employment
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When will an ER be liable for the intentional torts of its EE?
when EE believes, even mistakenly, that he is acting to benefit his ER
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What is the general rule regarding vicarious liability and ICs?
person hiring an IC isn't liable for the IC's torts
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Whether a person is an IC rather than an EE will depend on what?
whether the person controls the means, manner, and time in which the job is carried out
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Are parents generally liable for the torts of their children?
no but they may be liable for their own torts
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Under CL, what was the effect of the P's death on a pending lawsuit?
the lawsuit died with him
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Under survival statutes, if the P dies while a lawsuit is pending what is the result?
the P's estate will carry out the lawsuit - it doesn't die with P
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Under wrongful death statutes, P's heirs may bring a lawsuit for what?
the injuries they suffer resulting from the loss of loved ones
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What is loss of consortium?
brought by spouse of P for loss of comfort, companionship, and sexual relationship
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Can family members other than spouses sue for loss consortium?
some states have extended this to other family members with respect to loss of comfort and companionship
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