Vicarious Liability

Question 1

Respondeat Superior

Answer 1

employers are vicariously liable for torts committed by employees while acting within the scope of their employment.

Question 2

Apparent Authority

Answer 2

Authority which a principal knowingly tolerates or permits, or which the principal by its actions or words holds the agent out as possessing. This only exists where the principal creates the appearance of an agency relationship

Question 3

Apparent Authority elements

Answer 3

1) A representation by the purported principal
2) A reliance on that representation by a third party
3) A change in position by the third party in reliance on the representation

Question 4

Scope of employment - BIRKNER TEST

Answer 4

conduct of a servant is within scope if, but only if
- it is of the kind they are employed to perform
- it occurs substantially within the authorized time and space
- it is actuated, at least in part, by a purpose to serve the master

Question 5

Non delegable duty

Answer 5

even when a person delegates the performance of a task to another, the person cannot delegate the legal responsibility for performing that task inadequately. Thus, when an agent is performing a non-delegable duty, the principal will be liable for the agent’s negligent conduct, even if the agent is an independent contractor.