Principal's Liability for Torts

Question 1

Vicarious Liability: Respondeat Superior

Answer 1

P may be liable for the tortious acts of A

Question 2

Respondeat Superior Requirements

Answer 2

(1) Principal has SUFFICIENT CONTROL over A’s conduct such that the agency relationship is employer/employee; and
(2) Tort committed by A was committed while A was ACTING WITHIN SCOPE OF EMPLOYMENT

Question 3

Torts Committed by Independent Contractors

Answer 3

Generally, P does NOT have vicarious liability for torts committed by an independent contractor

Question 4

Independent Contractor Exceptions

Answer 4

P may be liable if:

(1) Task is INHERENTLY DANGEROUS
(2) P was NEGLIGENT IN HIRING
(3) P retains CONTROL over certain task and the tort occurs within those tasks

Question 5

Determining Scope of Employment

Answer 5

(1) Did A intend to benefit P?
(2) Was A’s conduct the kind A was hired to perform?
(3) Did tort occur “on the job?”