Respondeat superior

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"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."