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8 Cards in this Set
- Front
- Back
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Three ways to find an employer liable
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Respondent superior
Apparent agency Negligence-Hiring a bartender with a criminal record |
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Jury will look to in vicarious liability
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The extent to which the employer can determine the details of the work
The custom of the industry in the supervision of that employee Whether the individual is engaged in a distinct business or occupational activity separate from the employer The skill required of that employee Who supplies the instumentality of the work Length of time of employment Method of payment (lump-sum-ind. contractor, payroll-employee) |
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Non-delegable duty
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something is so important that they will not let the principal off the hook
Cannot transfer to third-party (waste removal) |
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Medical Malpractice
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Higher standard of care for physicians
Tempered by the impact of that rule by allowing the profession to set its own standards of conduct Question is whether the physician acted in conformity with the common practice in his specialty A malpractice plaintiff must prove the relevnt standard of care exercised by other physicians and that the defendant departed from that standard in treating the plaintiff |
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Three jurisdictions in medical malpractice
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Strict locality rule
Same or similar locality National standard-board-certified specialists |
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Hospitals
Doctor for hire Conspriacy of silence Lymans Common knowledge |
Unsfae medical facilities
Jury should know if a doc has testified in numerous similar cases for mone doctors who tesitfy against others may face expulsion from the local medical community might not need expert testimony because it is obviou |
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Malfeasance
Non feasance |
Leave them in a worse position than you found them
A persons non-action does not give rise to a basis for tort liability |
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Sources of duty
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1. Creation of a peril
2. Special Relationship 3. Statute 4. Promise and reliance 5. Contract |
