Respondeat Superior Notes

1481 words 6 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…

* Down dide: a ersponsible and solvent D, often got stuck paying the bill for an irresponsible D. The Defauted share problem. * If you were ony a parto fthe problem, why do you have to be 100% made t pay? * Law is all over the place –

* Joint and Several Common Law Rule – NC and others * * Serveral Liabilty ONLY * P collects from each D only their pro rata share * Variations * J&S – if you are more and 50% repsonbile you will have to play it all * Comparative Negligence States only * Cap on how much liabilyt can be shifted form one D to another D * Either % or $$ amount * Modern Trend – Allocate defaulted shares amount all parties * With 4D’s and one that cannot pay * P eat 6. 25%. The P gets counted in the people who have to eat the share defaulted on. * Effect of settlement and Release * What you sign when you settle the case. The consideration is the payment being made at the time. This is an after the fact release. * Other type of Release - La Frenz – You are signing a release a release of liability before a event * At common law The Settling D pays contribution * Risk of overpaying. Did not encourage settlement * If settles for 20%, but at the trial they are liable for 50%, they must pay


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