Principal's Liability for Torts

Question 1

Vicarious Liability

Answer 1

A principal may be liable for the tortious acts of his agent

Question 2

Requirements for vicarious liability to apply:

Answer 2

1. The principal has sufficient control over the agent’s conduct such that the agency relationship is employer-employee; and
2. The tort committed by the agent was committed while the agent was acting within the scope of his employee

Question 3

When does a principal sufficient control?

Answer 3

When the principal controls, or has the right to control, the physical conduct (manner and means) of the agent’s performance of work is in the higher category of employer-employee status

Question 4

T or F: A principal does not have vicarious liability for torts committed by an independent contractor

Answer 4

Generally, true UNLESS:

1. The task the IC is involved in is inherently dangerous
2. The principal was negligent in hiring the IC
3. The principal retains control over certain tasks and the tort occurs within those tasks

Question 5

To determine scope of employment, ask:

Answer 5

1. Did the agent intend to benefit the principal?
2. Was the agent’s conduct of the kind that the agent was hired to perform?
3. Did the tort occur “on the job”?

Question 6

Frolic

Answer 6

A significant deviation from an assigned path; outside scope of employment

Question 7

Detour

Answer 7

A minor deviation from an assigned path; within scope of employment

Question 8

T or F: Intentional torts are not within the scope of employment, and thus there is no liability for the principal

Answer 8

Generally, true UNLESS

1. The conduct occurred within the general space and time limits of employment
2. The agent was motivated in some part to benefit the principal
3. The act is of a kind that the agent was hired to perform