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Unformatted text preview: Vicarious Liability Vicarious Liability- one person responsible for torts of another through relationship between parties. Liability is derivatively imposed . NOTE: EMPLOYER MAY BE LIABLE FOR HIS OWN NEGLIGENCE IN SELECTING the employee/independent contractor/ bailee/driver DOCTRINE OF RESPONDEAT SUPERIOR – a master/employer will be vicariously liable for tortious acts committed by her servant/employee if the tortuous acts occur within the scope of the employment relationship. • Not limited to negligent torts. • An Employer may be held liable for the intentional torts of his employee when they are reasonably connected with the employment and within its scope. RULE- An employer is responsible for the act of his employee if the act is in furtherance of the employer's business AND is within the scope of the employee's authority . An act is within the scope of an employee's authority if: FACTORS you may consider in deciding whether the employee was acting within the furtherance of employer’s business and within the scope of his authority, you may include the connection between: Degree of Control – the degree of control between employer and employee as spelled out in actual practice; Hours of Operation- the time, place and occasion for the act; Nature of Task- whether the act is one commonly done by such an employee; Employee’s Compensation – whether the employee was being compensated for the act; Foreesability of Employee’s Actions- the extent of departure from normal methods of performance and whether the specific act was one that employer could reasonably have anticipated. ( See Below Frolic and Detour ) CONCLUSION- If you find that the employee negligently caused injury to the plaintiff while acting within the scope of his authority and in furtherance of employer’s business, then the employer is legally responsible for the employee’s conduct. REASONS: 1. The employer has Control and Supervision over the employee 2. The employer has more resources (ie. Insurance) 3. The employer benefits from Employee’s actions 1 EXCEPTIONS : Frolic and Detour – employer might not be liable • Frolic- Something for the exclusive personal benefit of the employee is not within the scope of employment . • Minor Deviation (time and geography) – still considered within the scope of employment. ( See Above Factors ) TWO THEORIES OF LIABILITY 1. Control Theory – finds liability whenever the act of the employee was committed with the implied authority of the employer 2. Enterprise Theory – finds liability whenever the enterprise of the employer would have benefited by the act of the employee but for the unfortunate injury. Even though you find that the employer specifically instructed the employee not to perform act , if you find that the employer would have benefited by the act and it was reasonably foreseeable by the employer, you may find that it was within the scope of the employee's authority and the employer liable.within the scope of the employee's authority and the employer liable....
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This note was uploaded on 04/17/2008 for the course LAW ? taught by Professor Harmon during the Fall '08 term at Touro NY.
- Fall '08