Scope of Employment

Pronunciation: SKOPE of em-PLOY-ment

Torts › Vicarious Liability

Definition

Test for respondeat superior vicarious liability: was employee acting within scope of employment when tort occurred? Factors: (1) conduct of kind employee hired to perform, (2) occurred substantially within authorized time and space limits, (3) actuated at least in part by purpose to serve employer. Frolic and detour analysis. Intentional torts may be within scope if motivated to serve employer.

Related terms

• Respondeat Superior — Employer liable for employee's torts committed within scope of employment. Latin for 'let the superior answer.' No fault…
• 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…

Go deeper

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

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