Which legal doctrine imposes vicarious liability on an employer for employee torts committed within the scope of employment?

• A. Joint and several liability
• B. Common-law system
• C. Respondeat superior
• D. Employment at will

Answer: (C)

Respondeat superior is the vicarious liability principle that makes a employer liable for harm caused by an employee when the act is within the scope of the employment and in the course of performing the job. The key idea is the relationship and the control the employer has over the employee’s work; the focus is on whether the employee was acting to further the employer’s business, not whether the employer was personally negligent. So, if an employee injures someone while delivering goods or performing a duty the employer assigned, the employer can be held responsible even if the employer wasn’t at fault themselves. If, however, the employee goes off on a personal errand (a frolic or detour) outside the scope of work, the employer’s liability may not apply for that off-task conduct. This doctrine typically does not apply to independent contractors, who are generally responsible for their own actions.