The
doctrine of
respondeat superior in
Latin literally means "Let the
master respond." This is a
legal term for when a
principal is held
liable for the
wrongful acts committed by their
agents while acting within the
course and
scope of their
agency. This also applies to
employers and their
employees acting within the scope of their
employment.
This basically imposes
vicarious (indirect)
liability on the employer without regard to the
personal fault of the employer for
torts committed by an employee.
The
scope of employment is the
key to determining whether the employer may be liable under
respondeat superior. The factors to determine the scope of employment are as follows:
- Whether the act was authorized by the employer.
- The time, place, and purpose of the act. This is to see if the act was committed during the regular working hours and location of regular employment.
- Whether the act was one commonly performed by employees on behalf of their employers.
- The extent to which the employer's interest was advanced by the act. If the act benefited the employer, then the employer is responsible for the employee's act.
- The extent to which the private interests of the employee were involved.
- Whether the employer provided the means necessary to perform the act.
- Whether the employer had reason to know that the employee would do the act in question and whether the employee had done this act previously.
- Whether the act involved the commission of a serious crime.