Week 4 Homework Assignment Part 2
Assignment: Answer all questions in paragraph format.
Chapter 9 page 143: Review Questions 1 - 15
1. A vicarious liability is one person or a third party, may be found liable for the act of another or shares liability with the actor.
2. Imputed negligence is places upon one person responsibility for the negligence of another.
3. A respondent superior is a master liable in certain circumstances for the wrongful acts of his servants and a principal for those of his agent.
4. An allocation of risk is an assignment of uncertainty to another party.
5. The criteria that determines what is an employees in the employer-employee relationship is that employer has some control over actions of employee, origination of process that causes tortious conduct was caused by employer, Employer delegated certain duties to employee and employee's actions while doing those duties caused injury, when employer hires employee, he assumes certain responsibilities for employees's conduct, Employer has deep pockets and will be more able to compensate injured plaintiff.
6. The difference between an employee and an independent contractor is that an independent contractor is one who, in exercise of an independent employment contracts to do a piece of work according to his own methods and is subject to his employer's control only as to the end product or final result of his work.
7. Employers are held liable for the intentional torts of their employees when if the hired employee knowing he or she had history suggesting propensity for tortious conduct.
8. A non-delegable duty is an obligation imposed by labor contract that may not be passed to another.
9. Elements that determine a joint enterprise is when groups of people come together to carry out of business purpose, like partnership, once joint enterprise is established each party can be held vicariously liable for actions of another.
10. An automobile consent