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3 Cards in this Set
- Front
- Back
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Vicarious Liability for the Torts of Independent Contractors |
A principal will not be liable for tortious acts of his agent if the agent is an independent contractor. Exception: when the duty owed is nondelegable because of public policy considerations, the principal will be liable for the agent's negligence despite the principal's own exercise of due care. |
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Invitee |
A person who enters onto the premises in response to an express or implied invitation of the landowner. Those who enter as members of the public for a purpose for which the land is held open to the public and those who enter for a purpose connected with the business or other interests of the landowner are considered invitees. Exception: A person loses their status as invitee if he exceeds the scope of the invitation (e.g. going onto a portion of the property where his invitation cannot reasonably be said to extend) |
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Battery |
1. An act by the defendant that brings harmful or offensive contact to the plaintiff's person 2. Intent on the part of the defendant to bring harmful or offensive contact to the plaintiff's person 3. Causation |
