What are the goals of tort law

1
What are the goals of tort law?
Corrective Justice / moral goals Promote economic
efficiency Encouraging productive
activity Increasing safety Deterring unsafe
conduct Compensating victims Fairness
2
Is there too much litigation? Too much frivolous
litigation?

• Data do not support the popularly held notion
  that America is a tremendously litigious society
• Media accounts of frivolous lawsuits are
  frequently misleading
• People -- and jurors -- view lawsuits with
  suspicion despite the lack of data.

3
(No Transcript)
4
What are the goals of tort law?
Corrective Justice / moral goals Promote economic
efficiency Encouraging productive
activity Increasing safety Deterring unsafe
conduct Compensating victims Fairness Settling
normative, contested social issues
5
Respondeat Superior

• Christensen v. Swenson (Ut. 1994) (p.18).
• Why is an employer held vicariously liable for
  the torts of its employees, when they are acting
  within the scope of their employment?

6
Respondeat Superior

• Baptist Memorial Hospital System v. Sampson (Tx.
  1998) (p. 24)
• What is the difference between an independent
  contractor and an employee?
• Why are businesses held liable for the torts of
  their employees, but not for the torts of
  independent contractors?
• What is the difference between the test set out
  in Baptist Memorial and the test in the
  Restatement (Second) of Torts section 409?

7
What are the goals of tort law?
Corrective Justice / moral goals Promote economic
efficiency Encouraging productive
activity Increasing safety Deterring unsafe
conduct Compensating victims Fairness Settling
normative, contested social issues Deterrence
through imposing costs Shifting and spreading
costs
8
Synthesizing and Organizing the Law
I. Employers are vicariously liable for the torts
of their employees, but not for the torts of
independent contractors. A. An employee is
? B. An independent contractor is ? II.
Employers are only liable for acts within the
scope of employment. A. Rule from the case,
from the Restatement B. Examples of the rules
application 1. Christensen 2. Others from
notes, class discussion
9
Synthesizing and Organizing the Law
III. One who contracts with an independent
contractor may be liable if A. An ostensible
agency or agency by estoppel is created. B. The
duty is non delegable 1. Not hospitals 2.
Property owners and snow removal 3. Mechanics
-- division of authority. Lost for a rule?
check a treatise!
10
Chapter Two The Negligence Principle
11
Assignment
Pages 37-47. Pay particular attention to note 1,
page 43 Also, are the views in note 4, page 47
consistent with the main case? With Note 1?