Respondeat Superior Notes Essay

1499 WordsOct 10, 20126 Pages
* Respondeat Superior * If an employee is within the course and scope of his employment is negligent, both thte employee and the employer will be liable. * Sue just employee: F the employee has adequate coverage; and the employee is liked in the community * Sue just the Employer: Disliked Employer, and sympathetic employee that you do not want in the court room. * Consideration that the judges take on * Ex: Hypo – Runner is in the course of business, and doing it in a manner in a manner which he would expect him to do it. The law firm would be responsible if he ran a stop sign and hurt someone. * Rationale: The employee is better able to pay the victim. The employer is getting the…show more content…
412) Makes sure that the owner insurance policy steps up to pay when the owners care is used in a wreck * NC: Use creates a rebuttal presumption that there is permission, and the insurance policy is involked * The person who is in the car when someone is driving negligently, do not make you liable. * Indemnification * Make the D play the Employer back for the damages that they had to pay out. Fully pick up your liability instead of contributing. * If we had to pay, then we can get it back from him. * This is indemnity is a complete shifting of t he loss form the VLD back to the active D * If we are both in the case we can file a cross claim for indemnification, or we can have a spate action afterwards for indemnification. * We have to show: * You have to give the runner timely notice of the settlement so that the can object if he wants to * The runner was liable – the you did not settle a case that would have been won * The amount we settled for was fair and reasonable * Ways to do this - Use other verdicts in similar cases, look at the out of pocket damages were, the strength of the negligence case would be a factor. * Joint and Several Liability and Contribution * J&S L imposed in 2 situations: * Tortfeasor acted in concert * Both acted but we cannot tell who is the cause
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