Tort Liability of Agents and Principals

Question 1

Who is liable for the agent’s torts if the principal gave the instructions for the commission of the tort?

Answer 1

The principal is also liable along with the agent

Question 2

List the situations in which the principal has liability for the torts of his or her agent.

Answer 2

• Directs the tort
• Fails to properly supervise
• Negligent hiring and/or retention
• Scope of employment

Question 3

Describe vicarious (respondeat superior) liability.

Answer 3

Principals may be liable though blameless if:
1. Master- servant relationship exists; and
2. Agent acts within the scope of employment.

Question 4

List the forms of the principal-agent relationship

Answer 4

• Master-servant (principal usually liable for agent’s torts)
• Employer-independent contractor (principal usually not liable)

Question 5

Does a principal have the right to control the method and manner of an agent’s work?

Answer 5

• Yes, if a master-servant relationship exists.
• No, if an independent contractor relationship exists.

Question 6

Define “scope of employment.”

Answer 6

Measure for determining when a principal is held liable for the torts of an agent.

Question 7

Describe the master-servant relationship.

Answer 7

Type of relationship in which the principal controls the activities of the agent; principal has liability for the agent’s torts in this relationship.

Question 8

Define “independent contractor.”

Answer 8

Agent who acts on behalf of a principal but who retains control over his/her schedule and is not controlled daily by the principal.

Question 9

Define “vicarious liability.”

Answer 9

Liability of the principal for torts of an agent in a master-servant relationship when torts are committed by the agent with authorization or within the scope of employment.

Question 10

Describe the concept of respondeat superior.

Answer 10

“Let the master answer.” It is a doctrine that holds the principal liable, in certain circumstances, for the torts of the agent.