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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Central Bank encouraged courts to interpret the statute by reference to how Congress would have decided the question when the Act was passed, (203) and respondeat superior liability was a "well-understood workhorse[] of business law" in 1934.
Slouching towards Monell: the disappearance of vicarious liability under section 10(b)
Specifically, hospitals and supervising physicians may be subject to liability under respondeat superior.
Using advance practice registered nurses and physician assistants to ease physician shortage
At the same time as it denied respondeat superior liability, Monell ruled that a municipality could be liable under Section 1983 if "a municipal 'policy' or 'custom' .
The constitutional duty to supervise
The Court of Appeals has already held that the doctrine of respondeat superior applies against the State in a constitutional tort cause of action.
In support of an implied state constitutional free speech tort in public employment retaliation cases
This is inconsistent with the doctrine of respondeat superior that underlies vicarious corporate criminal liability.
Strict vicarious criminal liability for corporations and corporate executives: stretching the boundaries of criminalization
However, this analysis ignores the role of respondeat superior in
The best offense is a good defense: how the adoption of an FCPA compliance defense could decrease foreign bribery
43) All of these guidelines required more than mere respondeat superior liability.
Participation as a theory of employment
The court cited an Ohio Supreme Court case standing for the proposition that suit against a hospital based on respondeat superior for the nurse-employee's alleged negligence was an "action in Negligence," not a "medical malpractice claim," and thus could proceed even though the nurse was not named as a defendant.
Hospital could be held liable for nursing negligence in failing to use leg cuffs
This form of liability is also problematic because of the reach of the FCPA's respondeat superior policy, which extends to subsidiary entities and the past acts of acquired companies, i.
In spite of its good intentions, the Dodd-Frank Act has created an FCPA monster
Pitts appealed a district court order granting defendants' motion for summary judgment on claims of negligence, negligent misrepresentation and respondeat superior.
No duty to benefit consult: unless compensated as a counselor, an agent's responsibilities are limited
As in civil lawsuits, corporate criminal liability at the federal level and in many states is imposed using a strict respondeat superior standard: corporations are criminally liable for the wrongdoing of their agents committed within the scope of their authority for the benefit of the corporation.
The senior management mens rea: another stab at a workable integration of organizational culpability into corporate criminal liability
Three main legal theories come into play here: negligent hiring, negligent retention, and respondeat superior.
Sexual assaults at work: when can the employer be held liable?

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