Respondeat Superior - Law Dictionary Search Results
Home Dictionary Name: respondeat superiorrespondeat superior
respondeat superior [Medieval Latin, let the superior give answer] : a doctrine in tort law that makes a master liable for the wrong of a servant ;specif : the doctrine making an employer or principal liable for the wrong of an employee or agent if it was committed within the scope of employment or agency [to recover…upon a theory of respondeat superior, it is incumbent upon plaintiff to prove that the collision occurred while the driver was within the scope of his employment "Perdue v. Mitchell, 373 So. 2d 650 (1979)"] compare scope of employment vicarious liability at liability ...
Respondeat superior
Respondeat superior, means 'let the superior give answer'. A doctrine in tort law that makes a master liable for the wrong of a servant; specific; the doctrine making an employer or principal liable for the wrong of an employee or agent if it was committed within the scope of employment or agency, Perdue v. Mitchell, 373 So 2d 650 (1979).Respondeat superior. 4 Inst. 114.--(Let the principal be held responsible.) The person directing an unlawful act to be done by his servant or agent is answerable as if he had done the act with his own hand, See Knott v. London County Council, (1934) 1 KB 126; VICARIOUS RESPONSIBILITY....
employee
employee or em·ploye n : a person usually below the executive level who is hired by another to perform a service esp. for wages or salary and is under the other's control see also respondeat superior compare independent contractor NOTE: In determining whether an individual is an employee, courts look at several factors, including the nature of the compensation paid, provision for employee benefits, whether the hired party is in business, tax treatment of the hired party, source of the equipment used, and location of the work. Statutes, such as workers' compensation acts and labor laws, usually include a definition of employee as it is used in the statute. ...
employer
employer : one that hires others to perform a service or engage in an activity in exchange for compensation see also respondeat superior ...
liability
liability pl: -ties 1 : the quality or state of being liable 2 : something for which one is liable: as a : a financial obligation : debt [tax ] [the bonds are liabilities] compare asset contingent liability : an amount that may or may not be owed depending on the outcome of a contingency (as a cosigner's default on a loan) fixed liability : a liability (as a bond or mortgage) that does not mature for at least one year from the date incurred or from a given date b : accountability and responsibility to another enforceable by civil remedies or criminal sanctions [ for injuries caused by their product] absolute liability : strict liability in this entry alternative liability : joint liability imposed on multiple tortfeasors when there are simultaneous tortious acts (as defective manufacture of parts of a wheel by different manufacturers) and uncertainty as to which act was the proximate cause of an injury compare concert of action civil liability : liability imposed under c...
scope of employment
scope of employment :the range of conduct and activity within which an employee can reasonably be considered to be carrying out the business of his or her employer [workers' compensation for injuries arising out of the course and scope of employment] see also respondeat superior NOTE: The liability of an employer for an act committed by an employee depends on whether the act falls within the scope of employment. ...
servant
servant : a person who serves others: as a : an individual who performs duties about the person or home of a master or personal employer b : a person in the employ and subject to the direction or control of an individual or company see also respondeat superior compare agent, master ...
sexual harassment
sexual harassment : employment discrimination consisting of unwelcome verbal or physical conduct directed at an employee because of his or her sex ;also : the tort of engaging in such discrimination see also hostile environment sexual harassment, quid pro quo sexual harassment NOTE: Sexual harassment has been found by federal courts to violate the protection in the Civil Rights Act of 1964 against discrimination in employment. There are also state statutes under which sexual harassment actions may be brought. In order to recover against an employer under a sexual harassment suit, the plaintiff has to show that the harassment affected the employment (as by being severe or pervasive) and that the employer is liable under respondeat superior because of actual or constructive knowledge of the harassment. Strict liability is often imposed for harassment of an employee by a supervisor or for quid pro quo sexual harassment. ...
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