Tort Liability of Principal

Question 1

Tort Liability of Principal

Answer 1

A princiapl can be vicariously or directly liable for the torts committed by his agent. The agent is always liable for his own torts.

Question 2

Vicarious liability of employer (respondeat superior)

Answer 2

1. an employer-employee relationship exists
2. employee’s commission of the tort occurs within the scope of employement

Question 3

Detour or Frolic

Answer 3

Employer remains liable during an employee’s detour (i.e. a minor deviation from the scope of employment), even if the detour is mainly for the employee’s own personal reasons. However, the employer does NOT remain liable during an employee’s frolic (i.e. a major deviation from the scope of entertainment).

Question 4

Intentional Torts

Answer 4

Generally, employers are not liable for the intentional torts of employees unless
1. the intentional tort or authorized by the employer OR
2. force is within the scope of employement in the employee’s work (i.e. security guard)

Question 5

Indemnification

Answer 5

the principal can recover against the agent for indemnification if the agent acts beyond his authority

Question 6

Direct liabilty of principal

Answer 6

the principal is directly liable for his own negligence if he negligently hired the agent, failed to fire the agent, or failed to properly supervise the agent.