Principal's Tort Liability to 3rd Parties

Question 1

General Rules for Principal’s tort liability to 3rd Parties for an Agent’s torts (not intentional torts)

Answer 1

Respondent Superior: Generally, Principal (employer) is vicariously liable where Principal controls Agent (employee) and Agent’s actions are within the scope of employment (in addition to the employee)

Not generally liable for torts of non-employees, EXCEPT where there is agency by apparent authority

Question 2

Define scope of employment and what are the factors?

Answer 2

Scope of Employment = (1) Tasks assigned by Employer, or (2) engaging in conduct subject to Employer’s control

Factors—The extent to which the conduct:
(1) is the kind of work Employee was hired to perform
(2) occurred within the time and space authorized by Employer
(3) was intended to serve Employer’s interests

Question 3

What is frolic and detour in regard to Employer tort liability to 3rd Parties?

Answer 3

Frolic: Employer not liable if employee substantially deviates from authorized route

Detour: Employer liable if employee deviation is slight

Question 4

Rule for employer liability of employees intentional tort.

Answer 4

Employers not generally liable for the intentional
torts of an employee UNLESS the intentional tort is accomplished:
(1) in the course of doing the employer’s work, and
(2) for the purpose of accomplishing such work

NOTE: No defense to employer that had previously instructed employee not to use force in the performance of employee’s duties

Question 5

Rule for employer liability of independent contractors

Answer 5

Employer is NOT generally liable for damages from an independent contractor’s tortious conduct

Question 6

Principal liability via negligence rule

Answer 6

Principal is liable for harm caused by his negligence in selecting, training, retaining,
supervising, or otherwise controlling Agent