respondeat superior

(redirected from Respondent superior)
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respondeat superior

One of the many methods of finding someone vicariously liable for the wrongful actions of another.It is the legal theory that an employer is responsible for the negligent or wrongful acts of its employees performed within the line and scope of their employment,and a principal is responsible for the negligent or wrongful acts of its agent performed within the line and scope of its agency.It is not a theory of contract law—meaning who has authority to bind whom— but rather a theory of tort law and injuries to persons or property.It is extremely rare to find a case in which a property owner has been held liable for the wrongful conduct of its broker.More often, brokers have been accountable for actions of their salespersons.
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Righter, show the application of negligence and respondent superior theories by the Utah Supreme Court.
And under the theory of respondent superior, an employer is vicariously liable for any actions committed by its employees within the scope of their employment, even if it does nothing wrong or if the employee is not acting within company policies.
This is a petition for a writ of prohibition to restrain the Respondent superior court from taking any action, except dismissal thereof in a writ of mandate proceeding pending in that court, wherein the real parties in interest seek to set aside a decision of petitioner.