Respondeat Superior



Respondeat Superior

Introduction

A Latin term meaning let the master or in legal terms, let the employee answer and be answerable is Respondeat Superior. This is a legal doctrine of common law, introduced in England in the seventeenth century for defining the liability of the employer for his employee's actions. The question is in what circumstances and why should an employer be responsible for the deed on an employee taking responsibility for all the acts done within the span of his employment. This law recognized in the civil law and common law jurisdictions, based on the notion of vicarious liability.

The adaptation of this doctrine was in America first and is now an agency law, which gives the injured parties better chances for recovery of damages. The relationship in legal terms between an employer and employee is an agency. An employer when engages an individual to work for him is known as the Principal and the person hired for the job is known as the agent. The concept behind this law of Respondeat superior is that the principal, putting the responsibility of the agent's actions on the principal, controls the behavior of the agent (Kleinberger & Daniel, 2002).

Meaning of the Legal Doctrine, Respondeat Superior

When in accordance with the physical tort the relationship of an employer and employee needs developed, as no vicarious liability exists for the job done by an individual as an independent contractor and the behavior performed must be under the span of employment. The scope of employment covers the geography limit, time span, and description of the job, partial or complete intent to further the business of the employer. Previously this doctrine applied to relationships such as that of a master and servant and employer and employee. If an employee or a servant were to commit a civil ...