Respondeat Superior

Pronunciation: res-PON-dee-at soo-PEER-ee-or

Torts › Vicarious Liability

Definition

Employer liable for employee's torts committed within scope of employment. Latin for 'let the superior answer.' No fault by employer required. Employee must be acting for employer's benefit or within scope of employment. Independent contractors' torts generally not imputed to hiring party. Rationale: employer controls employee and benefits from work.

Related terms

• Vicarious Liability — Liability imposed on one party for the tortious conduct of another based on a special relationship between them,…
• Independent Contractor — Worker who maintains control over how work is performed, not subject to employer's control except for result. Hiring…
• Joint and Several Liability — A doctrine holding multiple defendants each liable for the full amount of plaintiff's damages when they act in…

Go deeper

2 worked examples, 5 exceptions, landmark cases, flashcards, issue spotting and the interactive mind map for Respondeat Superior are available with a free account.

Create a free account — the whole Torts subject is free.