Vicarious Liability

Question 1

vicarious liability

Answer 1

holds a person or company responsible for actions committed by others or by their employees

Question 2

respondeat superior

Answer 2

when a tort occurs in the scope of employment both the employee and employer are liable

Question 3

independent contractor

Answer 3

not typically considered employees BUT an employer can be held liable for a tort committed by an independent contractor if employer had actual authority over the work done by the contractor or had apparent authority over the contractor

Question 4

employee

Answer 4

a person is an employee if the employer has the right to control the physical details of the work and maintains the right to direct how and in what matter the work will be done

Question 5

actual authority

Answer 5

meaning you had control over how the work would be performed

Question 6

apparent authority

Answer 6

meaning you held out the contractor as your employee and the plaintiff (reasonably prudent person) relied upon such holding out