Vicarious Liability II
Dig deeper into the doctrine of vicarious liability by exploring when employees are acting within the scope of employment, giving rise to vicarious liability under the doctrine of respondeat superior, and when employees are acting outside the scope of employment, letting the employer off the hook for any tort liability.
As we've already learned, for an employer to be held vicariously liable for the torts of an employee, the employee must have been acting within the scope of employment when committing the tort. What does it mean to say that an employee was acting within the scope of employment?
I. Scope of Employment
The scope of employment rule has been stated several different ways in both the cases and in the various Restatements of Agency. The Second Restatement of Agency employs a cumbersome,...