Vicarious liability

respondeat superior

employers can be held liable for the torts of their employees

elements of respondeat superior

1. employer and employee relationships, employee is the primary tortfeasor

2. the act was within the scope of the employment

borrowed employee

an employee who is loaned is deemed to be the employee of the borrowing employer can be held liable

scope of employment

1. the conduct is the kind the employee is hired to perform

2. it occurs within authorized time and spaces imposed by the employer

3. it is done to serve the employer

Dual purpose exception

trips that involve some incidental benefit to the employer

Factor to find an intentional tort (1)

the act is one that is fairly and naturally incident to the employer’s business

Factor to find an intentional tort (2)

the act is done while doing the employer’s business

Factor to find an intentional tort (3)

the act arises from some impulse or emotion that naturally arose from the performance