Vicarious Liability

Question 1

When is an employee acting within the scope of their employment?

Answer 1

An employee acts within the scope of their employment when performing work assigned by the employer that will benefit the employment or under their employer’s control.

Question 2

An employer can only be subject to vicarious liability when _____

Answer 2

a tort is committed by an employee is acting within the scope of their employment

Question 3

The fact that work is performed ______ does not relieve a principal of liability

Answer 3

gratuitously

Question 4

How is an employee defined in tort law?

Answer 4

An employee is an agent whose principal (boss) controls or has the right to control the manner and means of the agent’s performance of work

Question 5

Principal is another word for _____

Answer 5

boss

Question 6

If an agent works outside of their capacity, the principal (boss)____ be liable for these actions.

Answer 6

Cannot

Question 7

If there is an affirmance or ratification by the principal that allows for the agent to work outside of their capacity, liability will be _____

Answer 7

reinstated

Question 8

The principal must know all _____ of the entire transaction for it to be ____

Answer 8

material facts

ratified

Question 9

_______ are not entitled to vicarious liability because they are not actually an _____

Answer 9

Independent contractors

Employee

Question 10

If a principal is _____in selecting, supervising or controlling agent, they can be _____ for negligent hiring.

Answer 10

negligent

liable

Question 11

Under vicarious liability, a person who is ____ fault in a matter is ____ for damages from the tort of ____

Answer 11

without
liable
another