Master and Servant Flashcards
Three questions for master and servant
- Is the person who caused the harm an agent (acting on behalf)
- Assuming agency, is he a servant?
- Assuming servant, was he acting within scope of authority?
Master definition
i. 1. A master is a P who employs an agent to perform in service in his affairs and who controls or has the right to control the physical conduct of the other in the performance of the service.
Servant definition
ii. A servant is an agent employed by a master to perform service in his affairs whose physical conduct in the performance of the service is controlled or is subject to the right to control by the master.
Control is key.
- Is he an agent?
2. If he’s an agent is he under P’s control?
Difference between agents & servants
Servants are told what to do: Where to be, what time, what exactly to do.
Who is an agent, but not servant. Who is agent and servant
Lawyer
Professor
Franchises:
fit poorly under agency.
P’s & Scope of employment
P’s not chargeable with willful acts, intended by the agent only to further to his own goals.
Scope of employment test for servants
are they furthering their masters business
accidents which are fairly said to be characteristics of servants activitires
cant be disclaimed of responsibility by enterprise
Conduct within scope of employ for servant if:
- Kind he is employed to be.
- occurs substantially within authorized time and space limits
- actuated atleast in party, by a purpose to serve the maser AND
- if force is intentioanlly used by servant against another, the force isnt unexpected by the master
conduct isnt with scope for servant if:
different from that authrozied, far beyond authorized time and space, or too little actuated by a purpose to serve the master.
scope of employment has to:
be related in some party to employment
major question for servant:
do they have power to override directions if they choose to. (Police officer acting as private security, still maintains oath).
