vicarious liability

vicarious liability elements

1. EE

2. EE committed a tort

3. acting within scope of employment

EXCEPTION: if assault was motivated by personal malice by employment, ER is not VL for personal conduct

vicarious liability: to determine if ER—apply right to control test

whether employer have control or right to control over how the job is done (methods or means)

Vicarious liability: right to control test (FACTORS)

1. extent of control ER may exercise over details at work

2. EE engaged in distinct occupation or business

3. occupation usually done under direction of employer or by a specialist without supervision

4. skill required

5. did employer supply instrumentalities, tools, and place of work

6. length of time

7. method of payment (by hour or job)

8. work is party of regular business of employer

9. parties believe they’re creating agency relationship

10. whether employer is in business

N/A