Vicarious liability

Question 1

Vicarious liability/respondeat superior

Answer 1

Principal may be liable for tortious acts of his agent

Question 2

Respondeat superior elements

Answer 2

1) principal has SUFFICIENT CONTROL over agent conduct to establish EMPLOYER-EMPLOYEE relationship

AND

2) tort committed was within SCOPE of EMPLOYMENT

Question 3

How to establish sufficient control for respondeat superior?

Answer 3

when principal controls or has right to control PHYSICAL CONDUCT (manner and means) of employee

Question 4

Does principal have vicarious liability for independent contractor torts?

Answer 4

Usually NO

Question 5

3 exceptions when principal DOES have vicarious liability for independent contractor torts

Answer 5

1) inherently dangerous activities
2) negligent hiring of contractor
3) principal retains control over certain tasks and tort occurs within those tasks

Question 6

3 questions to determine scope of employment?

Answer 6

1) did agent intend to benefit principal?
2) was agent’s conduct the kind that he was hired to perform?
3) did tort occur “on the job”?

Question 7

Frolic

Answer 7

A significant deviation from assigned path

OUTSIDE scope of employment

Question 8

Detour

Answer 8

DEMINIMIS deviation from assigned path

WITHIN scope of employment

Question 9

Are intentional torts in scope of employment?

Answer 9

no, generally OUTSIDE

Question 10

Exceptions when intentional torts ARE in scope of employment

Answer 10

1) when conduct occurred in space and time of employment
2) agent was motivated in some part to BENEFIT principal
3) act is of a kind agent was hired to perform

Example of 2) when a salesperson intentionally lies to customer to increase sales