Law Review: Torts, Agency, Property

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Questions and Answers

Under the doctrine of respondeat superior, when is an employer most likely to be held liable for the actions of their employee?

When the employee commits a wrongful act done at will within the scope of their employment. (correct)
When the employee's actions are a direct violation of explicit company directives.
When the employee is acting in their own self-interest, regardless of company policy.
When the employee's actions are entirely outside the scope of their employment.

What legal concept is implicated when determining whether an employee's deviation from their assigned route or tasks still falls under the scope of employment?

_Res Ipsa Loquitur_.
Negligent hiring.
Frolic or detour. (correct)
Strict liability.

What is the main distinction between a fixture and other types of property?

Fixtures are owned separately from the real property.
Fixtures are considered permanent and run with the land. (correct)
Fixtures are easily removable from the property.
Fixtures always retain their character as personal property, regardless of attachment.

If an item is considered a permanent fixture, who typically owns it?

The property owner. (C) Signup and view all the answers

In an agency relationship, 'P' and 'A' most likely represent:

Principal and Agent. (A) Signup and view all the answers

What is the primary nature of the duties an agent owes to their principal?

Fiduciary duties, requiring the agent to act in the principal's best interest. (C) Signup and view all the answers

In a community property state, how are assets typically divided in a divorce?

Assets are subject to equitable distribution. (B) Signup and view all the answers

What is the implication of 'equitable distribution' upon divorce in a community property state?

The court aims for a fair, but not necessarily equal, division of assets. (D) Signup and view all the answers

In the context of a partnership, what does 'partners' liabilities' generally refer to?

The combined debts and legal obligations of the partnership as a whole. (C) Signup and view all the answers

What is a key characteristic of partner liability in a general partnership?

Partners typically share joint and several liability for partnership debts. (D) Signup and view all the answers

Under worker's compensation laws, what is the general requirement for an injury to be compensable?

The injury must arise out of and in the course of employment. (C) Signup and view all the answers

What is a typical consequence of an employee receiving worker's compensation benefits?

The employee is barred from suing the employer for the injury. (C) Signup and view all the answers

Under which circumstances would worker's compensation most likely apply?

An employee is injured while acting within the scope of their employment. (D) Signup and view all the answers

How does the concept of 'liability imputation' relate to the doctrine of respondeat superior?

It involves assigning the wrongful act of an employee to the employer, making the employer liable. (C) Signup and view all the answers

What is a critical factor in determining whether an act falls within the 'scope of employment'?

Whether the act was of the kind the employee was hired to perform and occurred substantially within the authorized time and space limits. (A) Signup and view all the answers

Which of the following best describes the nature of 'fiduciary duties' in agency relationships?

A duty of utmost good faith, loyalty, and care owed by the agent to the principal. (C) Signup and view all the answers

How do separate property and community property typically differ?

Separate property is owned individually; community property is owned jointly by both spouses. (A) Signup and view all the answers

What is the significance of determining if a worker is an 'employee' versus an 'independent contractor'?

It impacts liability for the worker's actions, worker's compensation eligibility, and tax responsibilities. (C) Signup and view all the answers

Which type of corporation protects its shareholders from personal liability for the debts and actions of the corporation?

C corporation. (C) Signup and view all the answers

Under what circumstances might a partner be held personally liable for the full extent of partnership debts, even if they were not directly involved in causing the debt?

If the partnership operates under a joint and several liability arrangement. (A) Signup and view all the answers

Flashcards

Respondent Superior

An employer is responsible for the negligent acts of its employees committed within the scope of employment.

Scope of Employment

Determining whether a wrongful act happened during the work