Respondeat Superior

Question 1

What is Respondeat Superior?

Answer 1

Under respondeat superior, an employer is vicariously liable for torts committed by its
employees, but only if (1) there was a master-servant relationship between the employer and
the employee at the time of the injury, and (2) the employee committed the tort within the
scope of employment

Question 2

What is a master servant relationship in respondeat superior?

Answer 2

The most important factor in determining whether there is a master-servant relationship is
the degree of control the employer exercises over the employee’s activities. The requisite
degree of control exists if the employer has the right to dictate not only the end result
of the work, but also the manner and means by which it is done.

Question 3

What is scope of employment in respondeat superior?

Answer 3

Activity is within scope of employment when the employee’s conduct is of the same general nature as that authorized, or incidental to the conduct authorized by the employer.

Question 4

What is a frolic in respondeat superior?

Answer 4

A frolic represents a substantial departure from the employer’s business (and, usually,
the employer’s authorized time and space limitations), in which the employee no
longer acts with any significant motive to serve the employer.
(Employer not liable)

Question 5

What is a detour in respondeat superior?

Answer 5

A mere detour, on the
other hand, is a minor deviation from the employer’s business, including the time and
place designated for work, during a course of conduct that is otherwise substantially
devoted to serving the employer.
(Employer liable for torts)

Question 6

Are employers generally liable for employees intentional tort?

Answer 6

No

Question 7

How can employer be held liable for intentional tort of employee?

Answer 7

1) Intentional Tort was authorized by the employer or
2) Force is within the scope of the job (security guards)

Question 8

Are employers generally liable for the torts of independent contractors?

Answer 8

If the employer-employee relationship does not qualify as a master-servant relationship,
then the employee is an independent contractor. An employer is not vicariously liable for an
independent contractor’s torts unless an exception applies