Respondent Superior

Question 1

Nelson

Answer 1

Master is liable for acts of servant if the servant intended to serve the master

Question 2

Nutt

Answer 2

Master is not liable for acts of servant if the servant is not furthering the master’s business

Question 3

Harris

Answer 3

An employee is not within the scope of employment while
he is going to or coming from his place of work, unless:
–the trip is for the employer’s benefit; OR
–trip is under the employer’s control.

Question 4

Nulle

Answer 4

An employee’s act is within the scope of employment if:

• It is the kind he is employed to perform; AND
• It occurs substantially within the authorized time and space limits; AND
• It is actuated, at least in part, by a purpose to serve the master

Question 5

Bowen

Answer 5

–An employee’s act is not within the scope of employment when it occurs within an independent course of conduct not intended by the employee to serve any purpose of the employer