Chapter 14 Practice

The doctrine of respondeat superior does not apply if the employee is

Acting outside the scope and furtherance of his employment

______________ ______________ statutes make the owner of a vehicle liable for the negligence of anyone using his car with his permission.

Automobile Consent

A person who entrusts goods into the care of another is referred to as a(n) ______________, whereas the person who agrees to accept custody of the goods is referred to as a(n) ____________.

Bailor; Bailee

True/False An employer cannot be held liable for the negligence of an independent contractor even if he is negligent in hiring that person or fails to inspect the work of that person.

False

True/False An employer is vicariously liable for negligent acts engaged in by an employee while traveling to and from work.

False

True/False If an employee hires a third party without the employer's authorization, the employer is not vicariously liable for the negligence of the third party under any circumstances.

False

True/False Parents can be held liable for any tortious acts of their children.

False

True/False The doctrine of respondeat superior applies to negligent torts but not intentional torts or strict liability actions.

False

True/False The family-purpose doctrine has been adopted in almost every state.

False

True/False The omnibus clause of most insurance policies has increased the need for automobile-consent statutes.

False

True/False Under the "retained control" exception to the nonliability rule for independent contractors, an employer is considered to have retained control if the employer maintains control over the premises or supervises the sequence of the contractor's work.

False

True/False Under the doctrine of vicarious liability the acts of a tortfeasor are imputed to another even though there is no special relationship between the tortfeasor and the individual held liable.

False

The ___________ _____________ doctrine assumes that the head of the family is the most financially responsible person in the family.

Family Purpose

An employer can be held liable for the negligence of an independent contractor

If the employer tries to delegate a nondelegable duty to that independent contractor

A company whose driver is negligent cannot sue the driver of the other automobile who is also negligent because of the negligence of its driver is _____________ to the company.

Imputed

A(n) ____________ _____________ is considered her own boss and works at her own pace in her own way.

Independent Contractor

Under the majority law today, doctors are

Not held vicariously liable for the acts of those they supervise except, in some states, when they are performing surgery

A joint enterprise

Requires that each member of the group have an equal right to control the direction of the enterprise

_____________ ___________ means "let the person higher up answer".

Respondeat Superior

Under the modern rule, negligence is usually imputed

To the plaintiff in wrongful-death actions

True/False An employer who hires an independent contractor but who retains control over any part of the work can be held liable for the negligence of that contractor.

True

True/False If the borrower of a vehicle loans it to a third person, the courts are divided as to whether the owner of the vehicle should be liable for the negligence of the third party.

True

True/False The courts hold owners liable for the negligence of those to whom they loan their vehicles because the believe owners are usually better able to pay for damages and are more likely to carry insurance than the drivers to whom they loan their vehicles.

True

True/False The language of two parties' contract is not dispositive of whether they have created an employer-employee or employer-independent contractor relationship.

True

True/False Under the common law majority rule, a bailor is not vicariously liable for the acts of a bailee unless the bailor is negligent in entrusting his goods into the care of a bailee he reasonably should know will endanger others.

True

True/False Under the modern view of imputing negligence, contributory negligence is imputed only if the relationship between the parties is such that the plaintiff would have been vicariously liable if he had been the defendant.

True

Under the doctrine of ____________ ____________, an individual is held liable for the tortious acts of another.

Vicarious Liability

An employer can be held liable

- If an employee intentionally injures someone - For the negligence of an employee who goes on a frolic or detour if the employee's deviations is reasonably foreseeable - If she expressly forbids an employee from doing something and he does it anyway

Matching 1. Employer liable for negligence 2. Employer not liable for negligence 3. Insurance that covers extended family and borrowers of vehicle 4. Allows plaintiff to sue parents of underinsured teenager 5. Bypasses bailor nonliability rule for defendant who is underinsured borrower of vehicle 6. Liable for the negligence of one another - Family-Purpose Doctrine - Automobile-Consent Statute - Respondeat Superior - Independent Contractor - Joint Venturers - Omnibus Clause

1. Respondeat Superior 2. Independent Contractor 3. Omnibus Clause 4. Family-Purpose Doctrine 5. Automobile-Consent Statute 6. Joint Venturers