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An employer’s ratification of an employee’s acts A principle’s ratification of an agent’s acts or conduct

CACI  3710. Ratification [Name of plaintiff] claims that [name of defendant] is responsible for the harm caused by [name of agent]’s conduct because [he/ she/it] approved that conduct after it occurred. If you find that [name of agent] harmed [name of plaintiff], you must decide whether [name of defendant] approved that conduct. To establish [his/her] claim, [name of plaintiff] must…read more →

Elements for proving the existence of negligence or fault in a slip and fall or premises liability incident

A failure to warn or repair the condition constitutes negligence. Rowland v. Christian (1968) 69 Cal 2d 108, Fitch v. Le Beau (1969) 1 Cal App 3d 320.  The landowner has an affirmative duty to use ordinary care to keep the property in a reasonably safe condition and is liable for injuries caused by uncorrected condition that would have been…read more →

Individual and shared fault and liability

For many years California has recognized and encouraged the doctrine of joint and several liability. American Motorcycle Assoc. v. Superior Court, 20 Cal. 3d 578 (1978) reaffirmed the commitment to this basic principle: “First, we conclude that our adoption of comparative negligence to ameliorate the inequitable consequences of the contributory negligence rule does not warrant the abolition or contraction of…read more →

Responsibility for injuries arising out of the respondeat superior relationship

“The rule of respondeat superior is familiar and simply stated: an employer is vicariously liable for the torts of its employees committed within the scope of the employment. Equally well established, if somewhat surprising on first encounter, is the principle that an employee’s willful, malicious and even criminal torts may fall within the scope of his or her employment for…read more →

Agency vs. Independent Contractor

“Agency and independent contractorship are not necessarily mutually exclusive legal categories as independent contractor and servant or employee are. . . . One who contracts to act on behalf of another and subject to the other’s control, except with respect to his physical conduct, is both an agent and an independent contractor.” [emphais added] (City of Los Angeles v. Meyers…read more →

Elements for Proving the Existence of Agency in a Tort Cause of Action

Civil Code section 2295 provides: “An agent is one who represents another, called the principal, in dealings with third persons. Such representation is called agency.” “The existence of an agency is a factual question within the province of the trier of fact whose determination may not be disturbed on appeal if supported by substantial evidence.” (L. Byron Culver & Associates…read more →

Elements for Proving a Cause of Action in Tort for Intentional Infliction of Emotional Distress

CACI 1600. Intentional Infliction of Emotional Distress – Essential Factual Elements:nm [Name of plaintiff] claims that [name of defendant]’s conduct caused [him/her] to suffer severe emotional distress. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of defendant]’s conduct was outrageous; 2. [That [name of defendant] intended to cause [name of plaintiff] emotional…read more →

Elements for Proving a Cause of Action in Tort for Assault

CACI 1301. Assault – Essential Factual Elements: [Name of plaintiff] claims that [name of defendant] assaulted [him/ her]. To establish this claim, [name of plaintiff] must prove all of the following: [1. That [name of defendant] acted, intending to cause harmful [or offensive] contact; 2. That [name of plaintiff] reasonably believed that [he/she] was about to be touched in a…read more →

Elements for Proving a Cause of Action in Tort for Battery

CACI 1300. Battery – Essential Factual Elements: [Name of plaintiff] claims that [name of defendant] committed a battery. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of defendant] [touched [name of plaintiff]] [or] [caused [name of plaintiff] to be touched] with the intent to harm or offend [him/her]; 2. That [name of…read more →

Elements for Proving a Cause of action in Tort for Negligence

California Civil Jury Instructions (CACI) CACI 400. Negligence – Essential Factual Elements: [Name of plaintiff] claims that [he/she] was harmed by [name of defendant]’s negligence. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of defendant] was negligent; 2. That [name of plaintiff] was harmed; and 3. That [name of defendant]’s negligence was…read more →