When is an employer acting within the scope of employment?
When they are acting at the direction of their employer or with the purposes of benefiting their employer (and others would think they are acting on the employer's behalf).
Does Respondeat Superior apply to employees acting with apparent authority?
Yes if . . .
(1) the employer "holds out" the employee as having authority
(2) the injured party reasonably believes and relies on said "holding out"
The general rule is that proximate cause means foreseeable . . . what does foreseeable mean?
Damages that are rationally possible / probable as the result of the act itself or within the zone of danger created.
What is the gratuity rule?
A person helping or aiding another is required to exercise due care
And
Cannot abandon the person or leave them in a worse position.
What is a superseding event?
An unforeseeable event, independent of the defendant's acts, that causes injury. A superseding even destroys the chain of causation and absolves liability for the defendant.
What is an abnormally dangerous activity?
Activities that create a foreseeable risk of sever harm even when reasonable care is exercised.
Negligence per se elements?
(1) the statute is intended to prevent the type of harm suffered.
AND
(2) plaintiff is of the class intended to be protected
With respect to vicarious liability, what is the exception to the independent contractor rule that relates to safety?
An employer / principal can still be held liable for damages if a contractor is involved in inherently dangerous activities
Note: does not need to be "abnormally dangerous" for this to apply.