Last Modified: 2011-06-25
Employer is responsible for employee's actions
R: Employer has control over business, Stands to profit from employee's services, Insure P gets relief
Commute is NOT with the scope of employment
Because employee is not confering any benefit and relationship is suspended
Is the employee activity/outcome startling or unusual?
Ex. If you serve liquor at an office party, a car accident is foreseeable
If duty is subcontracted out the liability for negligence remains with the owner/employer
Ex. Mechanic cannot be held liable for non compliance w/ auto maintence statute
If employer hires Ind K, and client believes that he is employee of company, employer is liable for physical harm caused by negligence of Ind K, just the same as if Ind K were an employee.
Ex. Dako vs. VCI
1. agreement, express or implied among members of the group
2. a common purpose to be carried out by the group
3. a community of pecuniary interest, MONEY
4. An equal right to voice in direction of enterprise, which = equal right of control
ACME Popejoy v Steinle (calf case)
When can C sue A?
Ex. Employee Billy (B) gets into accident driving company car, hits C. C wants to sue A, employer. This is OK under imputed negligence.
Somalich v Westfall
When two or more tortfeasors create an indivisible harm. The P can get judgement against all and enforce against any one.
one person on the hook for the whole thing.
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