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Exam 14: Vicarious Liability

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Question 21

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In most jurisdictions today, physicians are vicariously liable for the negligent acts committed by those under the physician's control.

A) True
B) False

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Question 22

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Bailees are vicariously liable for the negligence of bailors.

A) True
B) False

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Question 23

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What is an automobile consent statute?

Employers are liable for the negligence of independent contractors hired to carry out activities involving extraordinary risks even if those risks are not recognizable in advance.

An employer remains liable if he or she delegates a nondelegable duty to an independent contractor.

Under the exception, one who entrusts work to an independent contractor, but who maintains control over any part of the work, is liable for the physical harm to others caused by the independent contractor's negligence.

The omnibus clause in most automobile liability insurance policies has substantially reduced the need for automobile consent statutes.

Parents are never liable for the intentional torts of their children.

Part of the reason for holding employers vicariously liable is that employers should consider the expense of reimbursing those whom their employees injure as part of the cost of doing business.

An employer is not vicariously liable for acts committed by an employee if the employer had expressly forbidden the commission of such acts.

In a contributory negligence state, if the negligence of an employee is to the employer, the employer will be considered negligent as well.

What is the reasoning behind holding employers vicariously liable for the acts of their employees?

A joint venturer is vicariously liable for the negligent acts of other members of the joint venture of which he or she is a member.

In most jurisdictions today, the negligence of a driver is imputed to his or her passengers.

In what type of situations is the family purpose doctrine most likely to be relied on by a plaintiff?

An employer is generally liable for the negligent acts of employees committed while they are coming to or leaving work.

What is the family purpose doctrine?

If an employee is involved in an accident while driving a company car, why might the employer not be able to sue the other driver involved in the accident if the rule of contributory negligence is applicable?

Under the family purpose doctrine, the head of the family is vicariously liable for the negligence of anyone who drives his or her vehicle.

Name two circumstances in which an employer is vicariously liable for the acts of an independent contractor.