Torts 21-End

Front 1

Discovery Doctrine

Back 1

The cause of action accrues and the statute of limitations begins to run when the patient discovers, or in the exercise of reasonable care and diligence for his own health and welfare, should have discovered the resulting injury.

Front 2

Independent Contractor

Back 2

An individual engaged in working for another where the other has no control over the exact manner in which the individual completes his work.

Front 3

Nondelegable Duty

Back 3

Certain responsibilities that cannot be delegated to an independent contractor; though the duty can be delegated to another, the legal responsibility and liability for negligence still lies with the owner.

(i.e. car owner and mechanic)

Front 4

Vicarious Liability

Back 4

One person or entity is held responsible for the negligence of another by virtue of a special relationship between them.

Front 5

Respondeat Superior

Back 5

Imposes vicarious liability on an employer when its employee causes injury while acting within the scope of his employment.

Front 6

Going-and-Coming Rule

Back 6

An employer is generally not liable for its employees’ commutes, unless a risk arises from or is related to work.

Court will apply foreseeability test; "Was the actual occurrence a generally foreseeable consequence of that activity? Employees conduct is not so unusual or startling that it would seem unfair to include the loss resulting from it among other costs of the employer's business."

Front 7

Respondeat Superior "Frolic"

Back 7

The pursuit of the employee’s personal business is a substantial deviation from or an abandonment of the employment.

If an employee wholly abandons, even temporarily, the employer's business for personal reasons, the act is not within the scope of employment and employer is NOT liable for employee's conduct.

Front 8

Respondeat Superior "Detour"

Back 8

An employee's deviation that is sufficiently related to the employment to fall within its scope; not an abandonment of responsibility unless the very character severs the employment relationship.

Acts that are necessary to the comfort, convenience, health, and welfare of the employee while at work are not outside the scope of his employment unless they are a substantial deviation from the duties of employment.

Front 9

Independent Contractor

Back 9

One who performs a certain service for another according to his own methods and manner, free from control and direction of his employer in all matters connected with the performance of the service. Employer is NOT liable for their acts.

Decisive test: Who has the right to control the physical details of the work? Also, level of expertise required?

Front 10

Strict Liability

Back 10

"Negligence without fault."

One who carries on an abnormally dangerous activity is subject to liability for harm to the person, land, or chattels of another resulting from the activity, although he has exercised the utmost care to prevent the harm.

Front 11

Abnormally Dangerous and/or Ultrahazardous Activities

Back 11

The presence of more than one factor will be necessary to declare the activity ultrahazardous and hold the actor strictly liable:

A. high risk of harm to other persons, land, property
B. likelihood that the harm itself will be great
C. inability of reasonable care to eliminate risk
D. activity not a matter of common usage
E. inappropriateness of activity to that location
F. extent to which value to community is outweighed by dangerous attributes

Front 12

Scienter

Back 12

Guilty knowledge that is sufficient to charge a person with the consequences of his or her acts.