Vicarious Liability

Question 1

What is the question of vicarious liability?

Answer 1

The question of vicarious liability is whether the actor’s tort should be charged to the actor’s employer.

Question 2

Is vicarious liability a form of strict liability?

Answer 2

Yes because it does not turn on the employer’s fault or culpability. Instead, the employer must generally respond in damages for injuries inflicted by the employee while within the scope of employment.

Question 3

What is the zone of deviation?

Answer 3

The zone of deviation a zone in which an employee can depart from strict instructions and yet still be in the scope of employment. (Kohlman)