Tort Liability

Question 1

Respondeat Superior

Answer 1

Under the doctrine of respondeat superior, an employer is liable for the torts of an employee, but not an independent contractor, committed within the scope of employment.

Question 2

Employee v. IC

Answer 2

Does the employer retain the right to control the manner and method of the work performed?

Y > Employee
N > IC

Question 3

Right to Control Factors

Answer 3

Skill required
Whose tools/facilities are used
Length of employment
Basis of compensation
Whether he has a distinct business

Question 4

Scope of Employment

Answer 4

Was the employee where she was supposed to be, doing what she was supposed to be doing, with the purposes of the employer in mind?

Y > Employer liable
N > Employer not liable

Question 5

Frolic v. Detour

Answer 5

Frolic = major deviation from employer’s direction > outside of scope

Detour = minor deviation from employer’s direction > within scope

Question 6

Intentional Torts

Answer 6

Not liable for intentional torts unless normally within scope of employment (natural incident of the duties, promoting employer’s business, specifically authorized/ratified).

Question 7

IC Liability

Answer 7

Employer is only liable for acts of independent contractor if it was an inherently dangerous activity or a non-delegable duty or employer knowingly selected an incompetent contractor.