respondeat 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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Iqbal, Monell, and other decisions hold that municipalities and public employees may be held liable for their own decisions and policies but are not liable under the doctrine of respondeat superior for the acts, decisions, and policies of other persons, including subordinate public officials.
Rather, the clients remain responsible for their attorneys' actions, much as an employer can be held liable for its employees' negligence under the legal doctrine respondeat superior, stated Leslie K.
Erie would pay EPC and then expect EPC to assist in recovering the payment from the employee, or under a respondeat superior theory, from Cyrus Square, EPC's own subsidiary.
The defendant also argued that the "plaintiff could not establish any cause of action under a theory of respondeat superior because Fox's actions occurred outside the scope of her employment."
In July 2015, she filed a third-party action for negligence and respondeat superior against Dielectrics and Ramos.
The administrator of Lewis' estate sued Charlton and RFI, the latter under a theory of respondeat superior, arguing that Charlton was acting as an employee of RFI when the accident occurred.
Claims against the surgical center and placement agency sounded in respondeat superior and negligent credentialing.
Courts have used various legal theories to justify this doctrine, which is basically grounded in vicarious liability, e.g., master-servant relationship (respondeat superior), borrowed servant, a nondelegable duty, or more broadly, principles of agency.
She also sued his employer, Premier Medical Specialists, on a theory of respondeat superior. She filed only one affidavit to cover both defendants.
(276) But the Court also held that Congress had rejected the suggestion that municipal corporations might be held liable on a respondeat superior basis for constitutional torts of their employees.
Jachles filed her claim in March 2015 accusing American Portfolios of breach of fiduciary duty, violation of FINRA rules, negligence, breach of contract, aiding and abetting, unjust enrichment, and respondeat superior. She purchased American Portfolios annuities through Frank Monte, and his son, Jeremy Monte, principals at Harbor Capital Advisory Services, in Fairport, who managed Jachles $1.5 million investment account.