Vicarious Liability Exceptions: Test Your Knowledge

Question 1

Which of the following is NOT an exception to vicarious liability in tort law?

Accepted Answer

Negligence of the plaintiff

Answer

Independent contractors

Answer

Intentional torts

Answer

Criminal acts

Question 2

True or False: Independent contractors are always personally liable for their own torts.

Accepted Answer

True

Answer

False

Question 3

Which scenario represents an exception to the general principle of vicarious liability?

Accepted Answer

Employer exemption from liability for intentional employee torts

Answer

Employer liability for employee negligence within their job duties

Answer

Employer liability for employee criminal acts within their job scope

Answer

Employer liability for negligence of independent contractors

Question 4

Which of the following scenarios would most likely NOT qualify as an independent contractor relationship for the purposes of vicarious liability?

Accepted Answer

A driver employed by a taxi company to transport passengers

Answer

A plumber hired to fix a leak in a commercial building

Answer

A lawyer hired to draft a contract for a client

Answer

A construction worker hired to build a house for a homeowner

Question 5

Intentional torts are generally not covered by vicarious liability primarily because:

Accepted Answer

They are outside the scope of employment

Answer

They are against public policy

Answer

They are too difficult to prove

Answer

They are excluded by statute

Question 6

Which of the following is an example of a criminal act that would not be covered by vicarious liability?

Accepted Answer

Negligent driving

Answer

Robbery

Answer

Battery

Answer

Assault

Question 7

In which of the following situations would an employer be most likely to be held vicariously liable for the negligence of an employee?

Accepted Answer

The employee was acting within the scope of their employment

Answer

The employee was acting recklessly

Answer

The employee was acting outside of their employment

Answer

The employee was acting intentionally

Question 8

Which of the following defenses to vicarious liability would be most likely to be successful in a case involving an independent contractor?

Accepted Answer

Lack of control over the work performed

Answer

Employee misconduct

Answer

Criminal act

Answer

Intentional tort

Question 9

Vicarious liability can only be imposed on an employer if they knew or had reason to know about their employee's negligence.

Accepted Answer

False

Answer

True

Question 10

Under which circumstances would an employer be liable for the criminal acts of their employee, despite the general exception for criminal acts?

Accepted Answer

When the employee is acting with the employer's authorization and within the course of their employment.

Answer

When the criminal act is a minor offence.

Answer

When the employee is acting in self-defense.

Question 11

Which of the following statements about vicarious liability is true?

Accepted Answer

It is a strict liability tort, meaning that the employer is liable even if they were not at fault.

Answer

It requires fault on the part of the employer.

Answer

It is a defence to negligence.

Answer

It can only be imposed on large corporations.

Question 12

In which situation would an employer be vicariously liable for the negligence of an employee who was driving a company vehicle?

Accepted Answer

The employee was using the vehicle for company business.

Answer

The employee was intoxicated at the time of the accident.

Answer

The employee was using the vehicle for personal errands.

Question 13

In which situation would an employer be vicariously liable for the sexual harassment of an employee by a supervisor?

Accepted Answer

The supervisor was acting within the scope of their employment and with the employer's knowledge or approval.

Answer

The supervisor was acting outside the scope of their employment.

Answer

The employer had a policy against sexual harassment.

Question 14

An employer might avoid liability for an employee's criminal act if the act was:

Accepted Answer

Not related to the employee's work.

Answer

Prevented by the employer taking reasonable steps.

Answer

Committed under duress.

Question 15

When deciding if someone is an employee or an independent contractor, courts primarily consider:

Accepted Answer

The level of control the employer has over the individual's work.

Answer

The individual's tax status.

Answer

The individual's job title.

Question 16

An employer would be vicariously liable for an employee's negligence in which scenario?

Accepted Answer

The employee was driving a company vehicle on a work-related errand.

Answer

The employee was acting outside the scope of their employment.

Answer

The employee was using their own vehicle for a personal errand.

Question 17

An employer might avoid liability for an employee's assault and battery if the employee was acting in:

Accepted Answer

Self-defense.

Answer

Duress.

Answer

Provocation by the victim.

Answer

Response to the victim's history of violence.

Question 18

Which of these is NOT a factor courts consider when deciding if an employer is liable for an employee's criminal act?

Accepted Answer

The employee's personal beliefs.

Answer

The employee's intent.

Answer

The nature of the criminal act.

Question 19

An employer would be liable for an employee's libelous statement if:

Accepted Answer

The employee made the statement while acting within the scope of their employment and it was related to their work.

Answer

The employee made the statement outside the scope of their employment.

Question 20

A key difference between an employee and an independent contractor is that:

Accepted Answer

An employee is subject to the control and direction of their employer.

Answer

An employee is entitled to benefits such as paid time off and health insurance.

Answer

An independent contractor typically earns a higher wage than an employee.

Question 21

A delivery driver employed by a courier company causes an accident through careless driving while delivering a parcel. Is the courier company likely to be vicariously liable for the accident?

Accepted Answer

Yes, the courier company is likely to be vicariously liable for the accident as the driver was acting within the scope of their employment.

Answer

Yes, the courier company is only liable if the driver was using a company vehicle at the time of the accident.

Answer

No, the courier company is not liable as the driver was not acting with the company's permission.

Question 22

A freelance photographer, contracted by a magazine to provide images for an article, takes several inappropriate photographs that are later published without their consent. Is the magazine likely to be vicariously liable for the photographer's actions?

Accepted Answer

No, the magazine is unlikely to be vicariously liable as the photographer is an independent contractor.

Answer

Yes, the magazine is liable as they had a contractual relationship with the photographer.

Answer

Yes, the magazine is liable because the photographer was hired to perform a specific task for them.

Question 23

A cleaner employed by a school is convicted of theft after stealing a laptop from a teacher's office. The school claims they had no prior knowledge of the cleaner's criminal history. Which of the following is MOST likely to be true regarding the school's liability?

Accepted Answer

The school could be vicariously liable for the cleaner's criminal act, even if they were unaware of their past.

Answer

The school is not liable as they were not aware of the cleaner's criminal history.

Question 24

A construction worker employed by a company is involved in an accident while driving a company vehicle to a worksite. The accident was caused by the worker's negligence. Which of the following factors is MOST likely to affect the company's liability for the accident?

Accepted Answer

Whether the worker was acting within the scope of their employment at the time of the accident.

Answer

Whether the worker was on their way to or from work at the time of the accident.

Answer

Whether the worker had a valid driver's license.

Question 25

A delivery driver, employed by a food delivery platform, is involved in a traffic accident while delivering food to a customer. The accident was caused by the driver's negligence. Which of the following statements is MOST likely to be true regarding the food delivery platform's liability?

Accepted Answer

The food delivery platform is likely to be vicariously liable for the driver's negligence as the accident occurred during the course of their employment.

Answer

The food delivery platform is not liable as the driver was an independent contractor.

Question 26

A company's employee, who is responsible for managing social media accounts, posts a defamatory comment about a competitor on the company's official Twitter account. Which of the following is MOST likely to be true regarding the company's liability?

Accepted Answer

The company could be vicariously liable for the employee's defamatory statement, even if it was unauthorized.

Answer

The company is not liable as the employee's statement was made on their personal Twitter account.

Question 27

A volunteer, working at a community event, accidentally injures a participant during an activity. Which of the following is MOST likely to be true regarding the event organizer's liability for the injury?

Accepted Answer

The event organizer is unlikely to be vicariously liable for the volunteer's actions as they are not an employee.

Answer

The event organizer is vicariously liable as the volunteer was acting on their behalf.

Question 28

A company's CEO, acting in their personal capacity, makes a defamatory statement about a competitor during a public interview. Is the company likely to be vicariously liable for the CEO's statement?

Accepted Answer

No, the company is unlikely to be liable as the CEO's statement was made outside the scope of their employment.

Answer

Yes, the company is liable as the CEO is the company's highest-ranking employee.

Question 29

A doctor, working at a private hospital, performs a surgical procedure on a patient that results in complications due to negligence. Is the hospital likely to be vicariously liable for the doctor's negligence?

Accepted Answer

Yes, the hospital is likely to be vicariously liable for the doctor's negligence as they are an employee acting within the scope of their employment.

Answer

No, the hospital is not liable as the doctor is an independent contractor.

Question 30

A sales representative, employed by a car dealership, makes a fraudulent misrepresentation to a customer about the condition of a used car. Which of the following is MOST likely to be true regarding the dealership's liability for the misrepresentation?

Accepted Answer

The dealership is likely to be vicariously liable for the sales representative's fraudulent misrepresentation as it was made during the course of their employment.

Answer

The dealership is not liable as the misrepresentation was made by a single employee.