All flashcards
346 cards
241For purposes of the doctrine of respondeat superior, what is a master-servant relationship?
242In addition to the degree of control an employer has over the manner and result of the employee’s work, what are some of the factors that are determinative of whether a master-servant relationship exists?
243Can a master-servant relationship exist if the employee receives no compensation from the employer?
244Is a principal subject to vicarious liability from an agent’s actions only if the principal paid the agent?
245If an employer and employee agree to characterize their relationship as something other than a master-servant relationship, is this dispositive as to the nature of their relationship?
246What is the borrowed-servant doctrine?
247In general, under the borrowed-servant doctrine, is the borrowing employer subject to liability based on respondeat superior for the employee’s tortious conduct?
248Once a master-servant relationship is established, what is the second factor that a plaintiff must establish for a court to impose vicarious liability on the employer through respondeat superior?
249For purposes of vicarious liability, is the determination of whether the employee was acting within the scope of employment defined by a bright-line rule?
250For purposes of vicarious liability, what are the factors that lead to a determination that an employee acted within the scope of employment?
251For purposes of vicarious liability, if an employer’s rules prohibited the employee’s tortious conduct, does that render the conduct outside the scope of employment?
252For purposes of vicarious liability, what is the going-and-coming rule?
253For purposes of vicarious liability, what is the dual-purpose exception to the going-and-coming rule?
254For purposes of vicarious liability, is an employee’s travel between job sites within the scope of employment?
255Is job-related travel outside the local area generally considered within the scope of employment?
256Is travel while an employee is off duty but on call considered within the scope of employment?
257Is an employee’s commute that involves special hazards considered within the scope of employment?
258In general, are employers vicariously liable for torts committed by their employees during the employees’ commutes to and from work?
259What is an employee frolic?
260May an employer be held vicariously liable for torts committed by its employee during a frolic?
261What is an employee’s mere detour?
262May an employer be held vicariously liable for torts committed by its employees during a mere detour?
263Are employers vicariously liable for every negligent act their employees commit while on the job?
264A driver for a pizza restaurant was on a delivery run when he noticed a mailbox ahead on the side of the road. The driver decided to quickly stop the car and drop a letter to his mother in the mailbox. However, because there was no place to pull over, the driver negligently stopped the car in the road. The driver did not turn on the vehicle’s hazard lights or otherwise warn traffic that the car was stopped. While the driver was dropping the letter in the mailbox, another car smashed into the driver’s car. The second car was damaged, and its driver was injured.May the pizza restaurant’s owner be held vicariously liable for damages caused by the delivery driver’s negligence?
265Do an employee’s intentional torts fall within the scope of employment?
266If an employee consciously commits an intentional tort without explicit instruction or approval by the employer, may the tort still be within the scope of employment?
267If an employer is held vicariously liable for a harm tortiously caused by an employee, does the employer have a right of indemnity against the employee?
268If the relationship between an employer and a person hired to perform work is not a master-servant relationship, what is the most likely classification?
269In most jurisdictions, is an employer vicariously liable for the acts of an independent contractor who is carrying out inherently dangerous work on the employer’s behalf?
270If a possessor of land hires an independent contractor to work on the land, does the possessor have a duty to protect others outside the land from risks created by the contractor’s work?
271What is the primary characteristic that distinguishes an independent contractor from an employee?
272May jurisdictions prohibit the delegation of certain duties as a matter of public policy?
273In a jurisdiction that holds that a hospital has a nondelegable duty to provide competent emergency care, may the hospital delegate the duty of care to physicians working as independent contractors?
274In a jurisdiction that holds that common carriers have a nondelegable duty to transport passengers safely, may the carrier’s duty be satisfied if independent contractors working for the carrier acted with reasonable care?
275May employers delegate the duty to provide a safe working environment for their employees?
276Will an independent contractor's exercise of reasonable care always satisfy a business proprietor's duty to keep the premises safe for invitees?
277If a statute imposes a specific duty of care on a person or entity, may the person or entity delegate that duty to an independent contractor?
278May an employer be held vicariously liable for the torts of its independent contractors hired to perform construction, repair, maintenance, or similar work on the premises?
279Is an employer vicariously liable for the torts of independent contractors?
280As a general rule, is an employer vicariously liable for harms tortiously caused by an independent contractor in the scope of the contractor’s work?