The legal relationship between an employer and an employee is called agency and

The legal relationship between an employer and an

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The legal relationship between an employer and an employee iscalled agency and the employer is called the principal when engaging someone to act for him and the person who does the workfor the employer is called the agent (Miller & Jentz, 2010). The philosophy behind respondeat superior is that the principal controls the behavior of the agent and must then assume some responsibility for the actions of the agent when the agent is acting beyond the scope of his or her employment. An employer is legally responsible for harm done by the employee within the bounds of his or her employment, whether the act was accidental or reckless (The Free Dictionary by Farlex, 2014). The employeris even accountable for deliberate wrongs if they are perpetrated, at least in part, as a representative of the employer. The principal and the agent are each personally
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Doctrine of Respondeat Superior4liable for their own tortious conduct. The doctrine of respondeat superiormakes a principal liable for any tortious orcriminal acts committed by the agent, in continuance of the agency, that result in harm to others (The Free Dictionary by Farlex, 2014).The factors that are considered in determining whether a particular act is subject to respondeat superior are: the agent must be acting on behalf of the company while doing work for thethird party. The principal must know what is going on at the moment of the action and encourage it. In addition, the principal must have consented to the transaction and have legal competence (The Free Dictionary by Farlex, 2014). Affirmation must transpire and examination of similar rules and regulations.In other words, the characteristics have to be known by the third party, and finally, the principal is compelled to act on the contract as if he or she committed act, when the agent did it on his or her behalf (Miller & Jentz, 2010). When it is applied to physical torts an employer and employee relationship should be inaugurated and the action should be committed within the parameters of employment.In the scenario, the tort that is being used by the plaintiffis negligence. The agent is representing the principal by driving the truck that belong to the grocery store truck was negligent when running over the dog that belonged to Melnick.
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  • Spring '11
  • Law, Respondeat Superior

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