What is Respondeat superior?
In short
Under respondeat superior, an employer is liable for torts its employees commit within the scope of their employment, even if the employer did nothing wrong.
Key takeaways
- A small detour from assigned work is usually within scope; a major frolic for personal purposes isn't.
- Employers generally aren't liable for the torts of independent contractors.
- The employee remains personally liable too.
Where it's tested
REG: Business Law: Agency & Business Structures — study notes, a five-minute revision sheet and practice questions.
Practise: 3 questions
Question 1 of 3 · 0 answered
A delivery driver employed by a company negligently injures a pedestrian while making a scheduled delivery. Is the employer liable?