Agency 8-14 Flashcards
Under respondeat superior, an employer is vicariously liable for an employee’s negligent act if the employee was acting within the scope of employment.
When is an employee deemed to be acting within that scope?
When:
Performing work assigned by the employer;
Engaging in a course of conduct subject to the employer’s control; OR
The conduct is of the same general nature as that authorized or incidental to that authorized.
**Conduct is not outside the scope merely because an employee disregards the employer’s instructions.
Priority: HIGH
When is an employee’s act NOT deemed within
the scope of employment?
When:
The act occurs within an independent course of conduct; AND
It is not intended by the employee to serve any purpose of the employer.
Priority: HIGH
When are an employee’s intentional torts WITHIN the scope of employment?
When the act:
Was specifically authorized by the employer;
Was driven by a desire to serve the employer; OR
Was the result of naturally occurring friction from the type of employment.
Priority: HIGH
What is an Independent Contractor?
When is a party vicariously liable for an Independent Contractor’s torts?
A person who contracts with another to do something, but who is NOT controlled nor subject to the other’s right to control with respect to his performance.
A party is generally NOT vicariously liable for an Independent Contractor’s torts.
Priority: Medium
Employee
vs.
Independent Contractor
Employee: The principal has the right to control the manner and method in which the job is performed.
Independent Contractor: Subject to less extensive control.
Priority: Medium
What other factors are important in distinguishing the difference between an Independent Contractor and an Employee?
The degree of the employer’s control;
Whether the pay was hourly or by the job;
Whether the employer furnished the tools needed for the job;
Whether the job was for the benefit of the employer’s business; AND
The length of the working relationship.
Priority: Medium
When may an employee seek Indemnification from the employer for damages resulting from his negligent conduct?
When the employee acts within the scope of his employment in order to further the goals of the employer.
**Otherwise a person is generally liable for his own negligent conduct.
Priority: Low
