Themis Essay 864

Question 1

Under the doctrine of respondeat superior, a principal may be vicariously liable for a tort committed

Answer 1

by an agent acting within the scope of his employment.

Question 2

An employee acts within the scope of employment when either:

Answer 2

(i) performing work assigned by the employer, or (ii) engaging in a course of conduct subject to the employer’s control.

Question 3

Principals are generally not liable for the actions of

Answer 3

independent contractors.

Question 4

The major factor distinguishing between independent contractors and employees is

Answer 4

the degree of control the principal can exert.

Question 5

A principal can be directly liable for a tort if

Answer 5

he is negligent in selecting an independent contractor.

Question 6

A principal is directly liable to a third person harmed by an agent’s conduct if:

Answer 6

(i) the principal authorizes or ratifies the agent’s conduct; (ii) the principal is negligent in selecting, supervising, or otherwise controlling the agent; or (iii) the principal delegates to an agent performance of a non-delegable duty to use care to protect other persons or their property and the agent breaches that duty.