Liability for acts of others - Next Generation Bar Exam

1. What is the effect of an owner's permission to drive a car on the owner's liability under a permissive use statute?

   The owner is vicariously liable for the driver's negligence. At common law, a car owner is not vicariously liable merely for lending the car.

2. What is the nondelegable duty exception to independent contractor immunity?

   A hiring party remains liable for certain duties, such as a landowner's duty to keep premises safe for invitees. The duty cannot be shifted by hiring a contractor.

3. What determines whether conduct is within the scope of employment?

   Whether it is work of the kind hired for, within authorized time and space, and partly meant to serve the employer. Intentional torts may fall within the scope if foreseeable from the job's nature.

4. What is negligent hiring or supervision?

   Direct liability of an employer whose own negligence in hiring, retaining, or supervising an employee caused harm. Unlike respondeat superior, it requires the employer's own fault.

5. What is respondeat superior?

   An employer's vicarious liability for torts of employees committed within the scope of employment. The employer is liable without proof of its own fault.

6. What is the difference between a frolic and a detour?

   A detour is a minor deviation within the scope of employment; a frolic is a substantial departure outside it. The employer is liable for torts committed on a detour but not on a frolic.

7. What is a joint enterprise for vicarious liability?

   An undertaking with a common purpose, community of pecuniary interest, and equal right of control. Each member is vicariously liable for the others' negligence in the enterprise.

8. What is the general rule on a hiring party's liability for torts of an independent contractor?

   It is generally not vicariously liable. Exceptions include nondelegable duties and inherently dangerous activities.

9. What is the general rule on a parent's vicarious liability for a child's torts?

   A parent is not vicariously liable at common law. A parent may be liable for its own negligent supervision, and statutes impose limited liability.

10. What is the general rule on vicarious liability of partners for torts of a co-partner?

    Each partner is liable for torts committed by a partner in the ordinary course of partnership business. Partners are jointly and severally liable for such torts.

11. A delivery driver, after finishing work, drives 50 miles to visit a friend in the company truck and causes a crash. Who is liable under respondeat superior?

    Only the driver, because the trip was a frolic outside the scope of employment. A substantial personal departure falls outside the scope of employment.

12. A delivery driver detours two blocks from his route to buy lunch and hits a pedestrian. Who is vicariously liable?

    The employer. A minor deviation is a detour within the scope of employment.

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