Respondeat superior

A person who, through fame, profession, accomplishments, and other has the public attention focused upon self is a public figure (Varone, 2012). For examples, the Speaker of the House of Representatives, the US President, and any police chief are public figures. They are public figures due to their professions and the legitimate roles they play according to their explicit legal rights conferred by laws. To some extent, the First Lady is a public figure. She runs the first ladyship office at the…

surgeon helped assist in administering the initial anesthetic. In accordance of the doctrine of "respondeat superior” the surgeon has vicarious liability for the patient's death. To support this conclusion a thorough analysis is discussed by defining roles of vicarious and direct liability and proving negligence of the nurse-anesthetist and how they intersect with various ethical principles. “Respondent superior is defined as a key doctrine…

McKichan v. St. Louis Hockey Club, L.P was a 1998 personal injury case that made its way up to the Missouri Court of Appeals. The incident in question occurred on December 15, 1990 during a minor league hockey game between the Peoria Rivermen and the Milwaukee Admirals in Peoria, Illinois. The Peoria Rivermen is a subsidiary club of the defendant. The injury in question occurred during the third period of said hockey game when the plaintiff, who at the time was a goaltender for the Admirals, was…

Todd v. Alan Negligence Action – a negligence action involves a duty, breach, cause-in-fact, proximate cause and damages. At issue in the Todd v. Alan action is what duty is owed to Todd. Typically, friends invited to stay at one’s house are considered licensees. If Todd was a licensee, Alan was required to warn Todd of all known dangers, including the rotted railing. As Alan did not warn Todd about the railing, he would be viewed as breaching his duty to Todd. However, the facts also…

Garden, Inc. was driving. Studebaker sued Nettie’s based on the respondeat Superior theory, claiming that when the accident happened, Ferry was acting as an employee of Nettie’s. Nettie’s Flower Garden, Inc., the defendant claimed that Ferry was not an employee but an independent contractor, and therefore they had no control or right to even control Ferry’s actions at the time of the accident. The test to determine if respondeat superior applies to a tort is whether the person sought to be…

corporations” (para.3). Regardless of intent, the tort system attempts to make the injured party whole when individuals breach this duty of reasonable care; and employers can be held accountable for their employees’ torts by way of the respondeat superior doctrine. Respondeat superior, a type of vicarious liability, arranges for the employer’s responsibility of its agents, i.e. its employees (Hill & Hill, 2017, para.1). Because the internet provides immediate connections to vast populations…

Can Montgomery Enterprises be liable under the doctrine of respondeat superior if employee Sean Fleming got hungry at work, proceeded to get into a car accident on the way to a cookie store, during an on-the-clock fifteen minute break from his duties as a cashier, that do not require him to drive, and Montgomery Enterprises had an on-site break room with a fridge but without food? BRIEF ANSWER FACTUAL BACKGROUND Sean Fleming (“Fleming”) is an employee of Montgomery Enterprises (“Montgomery”).…

III. Anti-Harassment Policy In the year 2014 the Equal Employment Opportunity Commission received over 21,000 workplace harassment complaints and juries are frequently awarding judgments in the hundreds of thousands or millions of dollars for federal harassment cases (Practical Law Labor & Employment, 2015; U.S. Equal Employment Opportunity Commission, 2014). Anti-harassment policies seek to reduce the number of such harassment incidents in a company’s workplace and in turn prevent such large…

when Tom began kissing Sara. When Tom locked Sara against the wall and started kissing her it was a form of touching that was offensive and non-consensual. Sara didn’t give Tom permission to lock her against the wall or to kiss her. This incident involves sexual harassment (which is also a subsection of gender harassment in Title VII of the Civil Rights Act of 1964) in the form of quid pro quo because it was “something in exchange for something else.” For example, Sara might have started…

hired them, and they should take all the responsibility for their actions as well as the employees are in control of their own actions too. The doctrine identified in our textbook, (Stanford & Connor, 2014) (p.135), is called “the doctrine of respondeat superior (“let the master answer”)” which means that the nursing aide staff or upper staff, over the nursing staff, are also at fault for the incidents that took place between those months of…