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6 Cards in this Set

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Vicarious Liability: Intentional Torts
Usually, intentional torts by servants are not within the scope of employment, with two exceptions:
(1) force is authorized (bouncer)
(2) friction is generated by employment (bill collector)
(3) employee is furthering the business of the employer (removing rowdy customers)
Vicarious Liability: Independent Contractors
A principal is not vicariously liable for tortious acts of her agent if the agent is an independent contractor. exceptions:

(1) IC engaged in inherently dangerous activities
(2) certain nondelegable duties, like duty to use care in building a fence around an excavation site
Transferred Intent: Intending Assault but Committing Battery
If D has requisite intent for assault (creation of reasonable apprehension) that intent is sufficient for battery if contact occurs as the result of D's actions.
Appropriation of P's picture or name for D's commercial advantage: Elements
P need only prove unauthorized use by D of P's picture or name for D's commercial advantage.

Liability is limited to the use of the P's picture or name in connection with the promotion or advertisement of a product or service.
Is mistake a defense as to consent to the tort of appropriation of P's picture or name for commercial advantage?
No. Mistake, even if reasonable, as to consent is not a valid defense.
False Light: Elements
Where one attributes to P views he does not hold or actions he did not take.

The false light must be something objectionable to a reasonable person under the circumstances. There must be publicity.

But if the matter is of public interest, malice on the part of the D must be proved.