Tort Liability of Principal

Question 1

What are the two theories under which a principal can be liable in tort for the acts of her agent?

Answer 1

respondeat superior and apparent authority.

Question 2

Vicarious Liability

Answer 2

respondeat superior; joint and several liability for the agent’s tort will be imputed to the principal.

Question 3

In addition to respondeat superior, a principal can be held liable under negligence. How?

Answer 3

the principal can be held directly liable for her own negligence in hiring, retaining or supervising the agent.

Question 4

How can a principal be directly liable for an agent’s tort?

Answer 4

where the principal gave actual authority to commit the tort or ratified the tort.

Question 5

Respondeat Superior

Answer 5

under respondeat superior, an employer will be held vicariously liable for the acts of their employees which were within the scope of the employee’s employment.

Question 6

Are employers responsible for acts of independent contractors?

Answer 6

generally not.

Question 7

What is the definitive difference between an employee and an independent contractor?

Answer 7

the principal has the right to control their employee, whereas they have no right to control the independent contractor.

Question 8

Does the doctrine of respondeat superior apply to authorized subservants?

Answer 8

yes

Question 9

Is a principal liable for acts of an improperly authorized subservant?

Answer 9

no

Question 10

Where there is no employee-employer relationship, but the principal creates the appearance of an employee-employer relationship, can the principal be held liable for the tortious actions of the agent?

Answer 10

yes, by estoppel. Under respondeat superior, the principal can be estopped from disclaiming liability because he has created the appearance of an employer-employee relationship.

Question 11

Who is liable for the tortious acts of a borrowed employee?

Answer 11

the original employer of the borrowed employee.

Question 12

When will a principal be liable for the tortious actions of an employee they have borrowed from another employer?

Answer 12

where the principal exercises control over the borrowed employee.

Question 13

When will an employer be liable for the acts of an independent contractor?

Answer 13

Where 1) the IC is engaged in inherently dangerous activities; and 2) where public policy prohibits the delegation of liability to the IC.

Question 14

Where a principal knowingly selected an incompetent independent contractor, can the principal be held liable?

Answer 14

yes

Question 15

Must an employee’s acts be specifically authorized in order to be within the scope of the agent’s employment?

Answer 15

no

Question 16

Are serious criminal acts considered as being within the scope of someone’s employment?

Answer 16

no

Question 17

A ____________________ from the employer’s direction is within the scope of employment, whereas a _____________________ requiring substantial departure from employment is beyond the scope.

Answer 17

detour or small deviation; frolic or major deviation.

Question 18

Does an employer’s ownership of the vehicle in which their employee commits a tort automatically make the employer liable for the tort?

Answer 18

no

Question 19

Where an agent’s actions are in furtherance of the service to the employer, will the employer be held liable?

Answer 19

yes

Question 20

When will an employee’s invitation to passengers be considered inside the scope of the employee’s employment?

Answer 20

only where the agent is expressly authorized to invite passengers.

Question 21

Where an employee uses substantially different tools to perform their work than those authorized by the employer, will the employer be held liable?

Answer 21

no

Question 22

If an employee is taking a trip with two purposes, when will the employer be held liable for the acts of the agent committed while on that trip?

Answer 22

where a substantial purpose of the employer is being served.

Question 23

When are employers liable for intentional torts committed by their employees?

Answer 23

when 1) force or violence is part of the job; 2) friction is created as part of the job; or 3) the agent was working for the benefit of the employer.

Question 24

If an employer is not found to be liable under respondeat superior, he may still be found liable under . . .

Answer 24

apparent authority.

Question 25

When will an employer be held liable for the acts of an agent under a theory of apparent authority?

Answer 25

where an agent appears to deal or communicate on behalf of the principal and the agent’s apparent authority enables the agent to 1) commit a tort; or 2) conceal its commission.