This is an extract of our Vicarious Liability Respondeat Superior document, which we sell as part of our Torts II Outlines collection written by the top tier of Thomas Jefferson School Of Law students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Torts II Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
VICARIOUS LIABILITY (RESPONDEAT SUPERIOR)
DEF = *Type of strict liability that imposes liability on the employer without fault for the torts of the employee o A is a tortfeasor o [?] is injured o [?] is also held liable for A's tortuous conduct causing injury to [?] because of some relationship between A and [?]
? Conduct w/in scope of employment
? Employee is liable to [?] too
Policy Considerations o Deliberate risk allocation additionally to master o Employer should bear loss because is in a better position to insure against risks, to distribute them as a cost of doing business o Provides incentive to hire/train/supervise employees well
Scope of Employment (Use to determine if V/L will be imposed) o Employer is liable for tortuous conduct of employee when employee's conduct is within the scope of employment o Always analyze conduct of employee first to determine if conduct is tortious, and if so, what kind of tort o Usually negligence, but intentional torts can be within scope (factual determination if it is so closely connected w/employment) o Control Test (Majority)
? Conduct is within the scope of employment if it is subject to a right of control by the party to be held vicariously liable o Benefit to the Enterprise (Minority)
? Even in the absence of a right of control, enterprise is vicariously liable if the employee's conduct would have benefited the enterprise
Factors RE: Scope o *Whether the conduct was so closely connected to the what the actor was hired to do as part of the enterprise that it is fairly regarded as a risk of the business??
Employee or independent contractor?
Paid by job or regular salary?
Extent of control which the master is authorized to exercise and/or exercises over the details of work done by the employee Time, place and purpose of act
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