01:377:204 Lecture Notes - Lecture 5: Respondeat Superior, Vicarious Liability, Independent Contractor

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Vicarious liability or respondeat superior (let the master respond): holds an employing organization (employer) responsible for certain acts pf its employees. The general rule of respondeat superior is that an employer will be responsible for the acts of an employee so long as the acts are done within the scope of employment o. Behaviors is considered within the employees scope of employment if "it is of the kind he is employed to perform; it occurs substantially within the authorized time and space limits. " Whether a manager acted reasonably in choosing a particular person to fill a position: negligent hiring: occurs when an employer breaches its duty to hire safe and competent employees. Whether a manager acted reasonably in guiding and overseeing an employee"s actions: negligent supervision. 6 factors used to determine independent contractor status o o o. The right to control the manner in which the work is performed.

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