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					Happy New Year!

   Welcome Back
                Housekeeping
•   Syllabus
•   Supplement #1
•   Attendance (starting Friday)
•   Survey regarding computer slides
    – speed
    – printing slides
            Fall Final Exam
• Exam review: Jan. 26, 2:30 Room 6
• Please save your questions until:
  – read sample answers
     • webpage
     • room 203
  – read your bluebooks (available in 203)
  – attend review
  – if still unsure what went wrong: meet with me.
          Winter Philosophy
• I still need your help. Go ahead--raise your
  hand!
  – Practice critical thinking
  – Stay curious
  – Keep me on my feet and the class interesting
• Keep your spirits up.
• Everyone’s thoughts are (still) welcome
              Where are we?
• Duty (what is it?)
  – don’t intentionally injure others
  – use reasonable care not to injuries
• Breach (how we prove it?
  – Per se, custom, res ipsa
• Causation-in-fact
• [Vicarious liability]
       This Semester’s Agenda
• Vicarious liability (today)
• Negotiation Ethics
    – MOVED BACK TO MONDAY
•   Proximate Cause
•   Damages
•   Affirmative Defenses
•   Special Duty Rules (rescue, landowners, etc
•   Strict Liability Doctrines & Defamation
Vicarious Liability #2

Ostensible or Apparent Agency
                    Recap
• Respondeat Superior=vicarious liability
  – master-servant relationship
  – within the scope
  – [servant = negligent]
• Independent contractor = no vic liability
  – unless an exception applies
                   Today
• The exceptions [vicarious liability without
  meeting the requirements of respondeat
  superior]

• master’s direct liability for its own
  negligence.
    Vicarious Liability for IC’s
• Nondelegable duty
  – not often used
  – one state used for negligence of emergency
    room MD.
• Inherently dangerous activity
  – example: blasting
     • landowner is liable even if nonemployee does the
       blasting. P choosing to blast should bear risk.
     • [cousin=strict liability for abnormally dang activity]
    More Vic Liability for IC’s
• Ostensible or apparent agency
  – an “estoppel” theory.
  – Based on:
     • A gives appearance that B was her servant.
     • C deals with B in the reasonable belief that B is a
       servant of A.
        – C goes to ER reasonably assuming that hospital selects
          and employs the MDs there.
     • B is careless and injures C.
     • Result: A is vicariously liable for B’s negligence.
           Apparent Agency
• Very handy theory for Plaintiffs
• Examples
  – ER doctors & other hospital-based MDS.
  – Department store shoe salespersons.
     • Cosmetics?
  – Taxicabs using a company logo and dispatcher.
  – Service station operator on p. 159-60???
    Sometimes Direct Liability
• Negligent entrustment to tortfeasor.
  – lending rifle to untrustworthy kid
     • so liable even no master-servant relationship
• Negligent selection of employees
  – hiring child care worker without checking
    references
     • so liable even if child care worker commits crimes
       that exceed the scope of employment.
• Negligent training, supervising, etc.
• THIS IS NOT VICARIOUS
 What questions to do you have?
• Next class:
  –   Friday, Proximate Cause #1.
  –   Monday, Nego videotape
  –   Wednesday, Nego discussion
  –   Friday, Proximate Cause #2
• Future conflicts:
  – Friday, 11:00?
  – Friday, 2:00?
  – Thursday or Tuesday 12:00?

				
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