Chapter 15

Chapter 15 - Chapter 15 Agency Principals Liability for Torts An employers is liable for a tort committed by its employee acting within the scope

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Chapter 15: Agency Principal’s Liability for Torts An employers is liable for a tort committed by its employee acting within the scope of employment or acting with apparent authority Principle of liability is called respondent superior The theory is that the employer is liable for misbehavior by the employee whether or not the employer was at fault The employer is liable even if he tried to prevent the employee from misbehaving Employee There are two kinds of agents: employees and independent contractors A principle may be liable for the torts of an employee but generally is not liable for the torts of an independent contractor Principles prefer agents to be independent contractors not employees The principle is liable for the torts of an independent contractor is the principal has been negligent in hiring or supervising her Scope of Employment Principals are only liable for torts that an employee commits within the scope of employment Scope of employment cases raise two major issues: authorization and abandonment Authorization o The agent is clearly working for the principal but commits an act that the principal has not
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This note was uploaded on 01/08/2012 for the course LA 245 taught by Professor Chang during the Fall '08 term at BU.

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Chapter 15 - Chapter 15 Agency Principals Liability for Torts An employers is liable for a tort committed by its employee acting within the scope

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