"Under the doctrine of respondeat superior an employer is liable for the negligent acts or omissions of his employee which are committed within the scope of his employment. Liability based on respondeat superior requires some evidence that a master-servant relationship existed between the parties. The test to determine if respondeat superior applies is whether the person sought to be charged as a master had the right or power to control and direct the physical conduct of the other in the performance of the act. If there is no right to control, there is no liability."
Respondeat Superior
A legal doctrine, most commonly used in tort, that holds an employer or principal legally responsible for the wrongful acts of an employee or agent, if such acts occur within the scope of the employment or agency.
Definition from Nolo’s Plain-English Law Dictionary
(ruh-spon-dee-at soo-peer-ee-or) Latin for "let the master answer." A legal doctrine that holds the employer or principal responsible for the acts of its employees or agents committed within the scope of employment.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:23 pm