Respondeat Superior

Respondeat superior ("let the master answer") is the most common form of vicarious liability, imposing liability on employers for the tortious acts of their employees committed within the scope of employment. The doctrine does not require any fault on the employer's part — the employer is liable simply because of the employment relationship and the fact that the tort occurred in the course of the employer's business.

The critical inquiry is whether the employee was acting within the scope of employment at the time of the tort. Courts consider whether the conduct was of the general kind the employee was hired to perform, whether it occurred substantially within the authorized time and space limits, and whether it was motivated at least in part by a purpose to serve the employer. A minor deviation from the employer's business (a "detour") does not take the employee outside the scope, but a substantial departure (a "frolic") does.

The doctrine applies only to employees, not independent contractors. The distinction turns on the degree of control the employer exercises over the manner and means of the work. If the employer controls only the result, the worker is likely an independent contractor. If the employer controls how the work is done, the worker is an employee. However, an exception exists for inherently dangerous activities — a party who hires an independent contractor for such work may be liable regardless.

The policy justifications for respondeat superior include enterprise liability (the business should internalize the costs of its operations), loss spreading (the employer is better positioned to absorb or insure against losses), and deterrence (employers have an incentive to hire carefully, train employees, and supervise their work).

On torts exams, respondeat superior arises whenever an employee causes harm while doing their job. Students must analyze whether the employee was within the scope of employment and whether the worker is properly classified as an employee versus an independent contractor.