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
of their agency
. This also applies to employers
and their employees
acting within the scope of their employment
This basically imposes vicarious
on the employer without regard to the personal
fault of the employer for tort
s 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.