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Submitted By lj181247
Words 852
Pages 4
1. What is meant by “course and scope of employment” for purposes of respondeat superior? What are the criteria to consider on whether or not the employee was within course and scope of employment when the tort was committed? a. principal-employer is liable for any harm caused to a third party by an agent-employee within the scope of employment b. Factors: i. Scope of employment 1. Whether the employee’s act was authorized by the employer. 2. The time, place, and purpose of the act. 3. Whether the act was one commonly performed by employees on behalf of their employers. 4. The extent to which the employer’s interest was advanced by the act. 5. The extent to which the private interests of the employee were involved. 6. Whether the employer furnished the means or instrumentality (for example, a truck or a machine) by which an injury was inflicted. 7. Whether the employer had reason to know that the employee would perform the act in question and whether the employee had done it before. 8. Whether the act involved the commission of a serious crime. ii. Distinction between 9. detour – stop by mail office for personal mail 10. frolic – picked up friends for cocktails in another city iii. Employee travel time 11. going to and from work – NO 12. to and from meals – NO iv. Notice of dangerous conditions 13. Brad neglects to fix the pipe or to inform his employer of the danger. John trips on the pipe and is injured. The employer is charged with knowledge of the dangerous condition regardless of whether Brad actually informed the employer. v. Borrowed servants 14. employer who rents out the equipment is liable 15. If

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