Liability

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Torts: Liability

Objectives

• What is a tort?

• Employer liability

• Scope of employment

• Multiple defendants

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What is a tort?

A tort is a wrongful act that results in some kind of injury to another and is subject to civil legal liability.

Examples • Negligence

• Personal injury

• False imprisonment

• Assault/battery

• Infliction of emotional distress

• Defamation

• Invasion of privacy

• Conversion

• Trespass

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Employer Liability

• Employer liable for torts of employee acting within scope of employment

• Scope of employment – Conduct consistent with job

– Within time/space/limitations normally authorized by employer

– Further employer’s purpose

• Aided in the agency relation

Frolic vs. Detour

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Multiple Defendants

• Joint and severable liability

• Contribution

• Indemnification

Summary

• Torts can pose enormous legal exposure for your business

• Employers liable for employees’ torts if within scope of employment

• Employers can be liable for conduct outside scope of employment, too!