Vicarious Liability of Principal for Acts of Others

Question 1

What is the doctrine of respondeat superior?

Answer 1

An employer is vicariously liable for the torts of an employee committed within the scope of employment

This means the employer is strictly liable regardless of fault.

Question 2

Are employers and employees jointly liable for torts committed in the scope of employment?

Answer 2

Yes, the employer’s liability is in addition to the employee’s liability, making them jointly and severally liable.

Question 3

Is a principal generally vicariously liable for torts of non-employees?

Answer 3

No, a principal is generally not vicariously liable for torts of non-employees.

Question 4

What is the exception to a principal’s vicarious liability for non-employees?

Answer 4

A principal can be vicariously liable for torts committed by a non-employee agent acting with apparent authority.

Question 5

What does it mean for an employee to act within the scope of employment?

Answer 5

An employee acts within the scope of employment when performing tasks assigned by the employer or engaging in conduct under the employer’s control.

Question 6

List some factors to determine if an employee’s conduct is within the scope of employment.

Answer 6

• The kind of work the employee was hired to perform
• The time and space authorized by the employer
• Whether the conduct served the employer’s interests

Question 7

What is a ‘frolic’ in the context of employment liability?

Answer 7

A frolic occurs when an employee substantially deviates from an authorized route.

Question 8

What is a ‘detour’ in the context of employment liability?

Answer 8

A detour occurs when an employee makes a slight deviation from the authorized route.

Question 9

Will an employer be liable if an employee returns to the scope of employment after a frolic?

Answer 9

Yes, an employee can return to the scope of employment after a frolic.