Agency - tort liability of P for A's conduct

Question 1

respondeat superior as basis for P’s vicarious tort liability

Answer 1

P is vicariously liable to 3rd party harmed by A who is employee acted within w/ in scope of employment

Question 2

scope of employment

Answer 2

employee performing work assigned by employer or engaging in course of conduct subject to employer’s control
does NOT include commuting
does include travel to perform work

Question 3

requirements for intentional torts to be w/ in scope of employment

Answer 3

a- tortious conduct occurs within the space and time limits of employment
b- employmee motivated to act for employer’s benefit
c- act was king that employee was hired to perform

Question 4

requirements for frolic not to be within scope of employment

Answer 4

frolic - employee’s personal errand involving significant deviation from performing work

Question 5

requirements for detour not to be within scope of employment

Answer 5

travel for personal errand may w/ in scope of employment if it is merely a detour

Question 6

requirements for A’s apparent authority as basis for P’s vicarious tort liability

Answer 6

• 3rd party reasonably believed that A acted w/ actual authority and
• it is traceable to P’s manifestation even if A’s conduct isn’t beneficial to P

Question 7

requirements for P’s DIRECT tort liability

Answer 7

• A has actual authority from P to engage in the tortious conduct or P intended its consequences
• P ratified A’s conduct
• P was negligent in selecting, supervising or controlling A
• P gave non-delegable duties to A that A was not permitted to transfer to another