Vicarious liability can make one person or organization legally responsible for another person’s wrongful conduct because of a relationship between them. This lesson introduces the doctrine and focuses on the most practically important example: an employer’s responsibility for an employee’s conduct.
Vicarious liability is a form of strict, secondary liability. It can arise under the common-law doctrine of agency, often expressed by the Latin phrase respondeat superior—“let the superior answer.” In broader terms, it may apply to a third party who had the right, ability, or duty to control the activities of the person who committed a wrong.
All flashcards
What is vicarious liability?
Secondary legal responsibility imposed on one party for another’s conduct because of a legally significant relationship, such as an employer–employee relationship.
What does respondeat superior mean?
“Let the superior answer”; it describes the principle that an employer may be responsible for an employee’s conduct within the course and scope of employment.
What approaches can courts use to assess whether a worker is an employee?
The control test, the organisation test, and the sufficient relationship test; they consider factors such as control, integration, and the overall working relationship.
How does a detour differ from a frolic?
A detour is a minor departure that may remain connected to the employer’s business; a frolic is a personal departure from that business.
Can an employer be liable for an unauthorized way of performing an authorized task?
Yes. If the conduct is sufficiently connected to the authorized act, the improper method may still fall within the course of employment.
Quiz questions
What principle does respondeat superior express in employment-related vicarious liability?Answer: An employer may answer for an employee’s conduct when the legal requirements are met.
Which factors may be considered under Australia’s sufficient relationship approach?Answer: The worker’s skill, payment arrangements, and degree of control.
An employee negligently performs an authorized task in an improper way. Why might the employer still be liable?Answer: The improper method may remain within the course of employment.
When may a vehicle owner be treated as a principal responsible for a borrower’s negligence?Answer: When the borrowed car is used primarily to perform a task for the owner.
What does a lienholder’s non-delegable duty require during vehicle repossession?Answer: The repossession must not cause a breach of the peace, even if an agent carries it out.