Preview

LA110 torts and litigations

Satisfactory Essays
Open Document
Open Document
512 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
LA110 torts and litigations
LA110 Torts and Litigation I
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

You May Also Find These Documents Helpful

  • Good Essays

    REASONS: A principal cannot be vicariously liable for the negligent acts of an independent contractor the principal has hired. In determining whether an agent qualifies as an independent contractor, the…

    • 888 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Vicarious liability for employers and respondeat superior are words that can be used to research cases, statutes, constitutional provisions, and regulations that relate to the scenario. Negligence within the scope of employment is a phrase that can be used to perform a search for law reviews and journals, treatises, Restatements, dictionaries, and the Restatement of…

    • 488 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Bsbwor501 Final Exam

    • 1268 Words
    • 6 Pages

    With vicarious liability, the acting defendant is NOT criminally responsible for his or her conduct.…

    • 1268 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    There are two different types of torts intentional torts and negligence. An intentional tort is a harm that a person desires or intends to bring about; as opposed to harms that are a result of carelessness. Intentional torts are as follows: 1) assault, 2) battery, 3) false imprisonment, 4) intentional infliction of emotional distress, 5) trespass to land, 6) trespass to chattels, and 7) conversion.…

    • 193 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    d. Incorrect. This is a partial definition of an independent contractor, who may or may not be an agent.…

    • 1223 Words
    • 5 Pages
    Satisfactory Essays
  • Good Essays

    * Intentional Torts – involve intentional, rather than merely careless conduct; assault/battery, invasion of privacy, false imprisonment, trespass to land & the interference with chattels.…

    • 1096 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    The employee relation is a balancing act between what the employee and employer needs. Employees generally want to make enough money to live comfortably and be able to have a good balance between work and home life, the employer usually want to make money or provide a good service( depending on the organisation) and to have employees work hard without paying employees too much. There is a fine line between the both of them, they can be balanced by working within the legal framework and making policies and procedures fair to both sides.…

    • 2738 Words
    • 9 Pages
    Powerful Essays
  • Powerful Essays

    In our society today, when it comes to employment people take on many different roles and job titles. But, as many of us know there are two main groups of workers when it comes to employment; employees and independent contractors. According to the Internal Revenue Service (IRS), an employee is anyone who performs services for you and you can control what will be done and how it will be done. On the other hand, and independent contractor is defined as someone who is contracted to do work for an individual or business according to his or her own processes. In other words, an independent contractor does their work according to a contract between two or more parties for a specific job within a specific time frame. In the workforce today, it is…

    • 1925 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Determining which is easier to manager between employee and independent contractor would have to first be defined to determine the differences between the two. An employee is anyone who performs services for an employer where they would control what would be done and how it would be done. With an independent contractor, the business/employer only has the rights to direct the resulting factors of the work that is being done by the independent contractor. The contractor controls the means and the methods that’s needed to complete the task at hand. I believe that, from a legal point of view, that it would be easier for a manager/employer to deal with employees rather than independent contractors because of all the legality that goes along with employing a contractor. For every contractor they hire the employer needs to make sure each contractor has a w-9 form, the business licenses and the certificates of insurance. They need a 1099-MISC which they need to report the payments made within the contractual agreement if the independent contractor was paid more than $600, if that form is not completed, the employer/business owner would be charged a fee per form. Having employees, the employer/business owner can have more control over how things are done and when the task will be completed. A manager can terminate an employee for not doing what is needed to be done or has not been done to the satisfaction of the business owner/employer. The business owner cannot simply fire an independent contractor because they are under contract. It would take a lot more financially as well as more time because they would more than likely have to take the problem to court.…

    • 485 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In principle of vicarious liability, to make an employer liable for a wrong committed by an employee, the plaintiff must establish that:…

    • 600 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Vicarious Liability

    • 1999 Words
    • 8 Pages

    There are 3 tests to establish whether an individual is an employee or an independent contractor these are the control test, integration test and the economic reality test, which is also known as the multiple test.…

    • 1999 Words
    • 8 Pages
    Good Essays
  • Good Essays

    Vicarious Liability

    • 1495 Words
    • 6 Pages

    The doctrine of ‘vicarious liability’ is a public policy that holds employers liable when a tort is committed by an employee in the course of their employment. This means that a victim of a tort can claim compensation from the employee’s company if it is proven to have been the employee’s fault that the tort occurred. There are three elements to the doctrine of vicarious liability, where the ‘employee and not an independent contractor’, ‘commits a tort’ and ‘in the course of employment’. There are 3 tests to establish whether an individual is an employee or an independent contractor. These are the control test, integration test and the economic reality test, which is also known as the multiple test.…

    • 1495 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Tort Law

    • 415 Words
    • 2 Pages

    Torts fall into three general categories: intentional torts (e.g., intentionally hitting a person); negligent torts (e.g., causing an accident by failing to obey traffic rules); and strict liability torts(e.g., liability for making and selling defective products - See Products Liability). Intentional torts are those wrongs which the defendant knew or should have known would occur through their actions or inactions. Negligent torts occur when the defendant 's actions were unreasonably unsafe. Strict liability wrongs do not depend on the degree of carefulness by the defendant, but are established when a particular action causes damage.…

    • 415 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    noteTAXATION

    • 1891 Words
    • 8 Pages

    1) The issue whether an individual is exercising an employment (contract of service) or is self-employed/profession (contract for service) rest entirely on its own situations.…

    • 1891 Words
    • 8 Pages
    Powerful Essays
  • Powerful Essays

    Mediator Immunity

    • 2940 Words
    • 12 Pages

    The term mediator liability refers to civil action that could be successfully be brought in the courts against a mediator. The nature of mediation duties per se indicate that mediator exposes himself to high risk of liability, as mediation performance constitutes a highly demanded task and the parties have high expectations upon the successful fulfillment of negotiations. There are many types of mediator conduct that might form the basis of liability and thus several common law claims that the aggrieved party may…

    • 2940 Words
    • 12 Pages
    Powerful Essays