Under what circumstance can a defendant claim to recover from another defendant based on vicarious liability?

A defendant can successfully claim to recover from another defendant based on vicarious liability when the latter was acting within the scope of their employment. Vicarious liability holds an employer or principal liable for the negligent actions of their employee or agent when those actions occur while performing duties related to their job.

For instance, if an employee causes an accident while driving a work vehicle to make deliveries, the employer may be held liable under vicarious liability because the employee was acting within the scope of their employment. This principle is rooted in the idea that employers benefit from the activities of their employees and thus should also bear the burdens connected to those activities.

The other circumstances do not establish a valid claim based on vicarious liability. A defendant not participating in the wrongdoing cannot claim liability, as they aren't linked to the negligent acts in question. Paying less than one's share of damages is irrelevant to vicarious liability; it delves more into comparative fault or contribution than to employer liability for employee actions. Lastly, the preference of a plaintiff to settle out of court does not influence the existence of vicarious liability or the potential for recovery among defendants.