Purchase Solution

Respondeat Superior and Third Party Injuries

Not what you're looking for?

Ask Custom Question

Share your thoughts on the following ethical question:

If an agent injures a third party during the course of employment, under the doctrine of respondeat superior, the employer may be held liable for the agent's actions even though the employer is innocent, that is, even though the employer did not authorize the action and was not even aware of it. Do you think that it is fair to hold employers liable in such situations? What are the policy reasons that support the doctrine of respondeat superior? Do you think that it would be more equitable to hold that the employee alone should bear the responsibility for his or her tortious (legally wrongful) actions to third parties, even when the actions are committed within the scope of employment?

Purchase this Solution
Solution Preview

It is fair to hold employers liable in situations where respondeat superior applies. Most of the time it only applies when the employee was acting in the scope of employment and not for example if he goes out and starts doing other things that sway far out from his duties. ...

Purchase this Solution
Free BrainMass Quizzes
Employee Orientation

Test your knowledge of employee orientation with this fun and informative quiz. This quiz is meant for beginner and advanced students as well as professionals already working in the HR field.

Introduction to Finance

This quiz test introductory finance topics.

Accounting: Statement of Cash flows

This quiz tests your knowledge of the components of the statements of cash flows and the methods used to determine cash flows.

Production and cost theory

Understanding production and cost phenomena will permit firms to make wise decisions concerning output volume.

Learning Lean

This quiz will help you understand the basic concepts of Lean.

View More Free Quizzes
Related BrainMass Solutions

  • Analysis of a negligence scenario

    Respondeat superior originated with the argument that when an employer asks an employee to perform a risky activity, the employer should pay the costs if any third party injuries result.

  • Allied Health professional:

    When you use the defense of respondent superior, the court will check is there is a master-servant relationship between you and your superior and you're not handling of the medical emergency happened within the scope of your employment.

  • Liability

    Under the theory of respondeat superior, the employer is liable for the acts of the employee. Another example is that the principal is responsible for the acts of the agent.

  • Analyze the Doctrine of Respondeat Superior

    Answer the following questions in your response: 1 Analyze the Doctrine of Respondeat Superior. 2 What factors are considered in determining whether a particular act is subject to Respondeat Superior?

  • Respondeat Superior

    Thus, here, respondeat superior is only limited to actual cause and not to prevention of an act to happen. Does the principle of respondeat superior create unfair expectations for business in the United States?

  • Respondeat Superior - Liability

    501754 Respondeat Superior - Liability Respondeat superior is a legal concept that deals with the liability of a health care organization.

  • Principal's Liability

    References: egal-dictionary.thefreedictionary.com/Respondeat+superior dictionary.law.com/definition2.asp?

  • Respondent Superior

    The employer has to protect itself against respondeat superior. Let's examine the steps that the employer must take to do so.

  • Doctrine of Respondeat Superior

    By responding to the questions and with supplementary articles, this solution discusses aspects of Doctrine of Respondeat Superior.

View More Related Solutions