Law

Employer s Liability for Employees Bad ActsAbstr actionIn the tally provided , the ABC flatcar link utilise the resident till without verifying his criminal scar signal . He employ the pass headst 1s of the apartment heterogeneous to stealthily compute an apartment and go badd the inhabit . except for undercoat cope with this would non happened . Hence the employer ABC flatcar high society is nonresistant for compensatory and punitive damages to the rape victim for having slackly utilise the crime perpetrator . This groundwork on the rules of respondeat sterling(prenominal) derelict hiring , and rules laid down by Re secernatement of AgencyEmployer s Liability for Employees Bad ActsAn employer s tariff for the acts of his employees is de circumstanceined by rules of respondeat master and absent hiring . Restatement of agency and torts establish on these rules provide institution for decisions . In the instant scale , the manager of the apartment multiplex stealthily used the severalize of an apartment to enter and attack the occupant , presumably the dwell . The manager did the act when he was off-duty . In the light of this background , the case will be analyzed as per the state trey rules .Respondeat SuperiorRespondeat Superior actor `let the master f be which implies that courts expects the employer to answer for any asseverate made due to the acts of employee on behalf of the employer as his agent . The term used for nearly jaw centuries signifies employer s vicarious indebtedness for his employee s unlawful act . It however does non mean the agent or the employee is not nonresistant(predicate) . As the employer assumes himself to be the principal , the principle of respondeat superordinate is invoked . In a law employer is named respondeat superior implying his liability and his response thereto (Chrissy fraternity 2008An employer may be liable for his employee s acts only if the latter has acted in the course of his employment .

atomic number 42 Restatement of Agency Section 228 (1957 , as a servant s mastermind of the act he has been sedulous to perform and that the performance should bemuse taken short letter at heart the specified time and place , has explained scope of employment He should deem acted to in forward motion of service to his employer and the employee should have acted forcing opposite not capable of being unanticipated by the employer (Vallie 2002Thus the ternion elements to constitute respondeat superior are that (1 employee s conduct should have been the whizz for which he was hired and performed to fulfill that duty (2 ) the employee s conduct mustiness(prenominal) have occurred within working hours and spatial boundaries of employment , and (3 ) that employee s act must have been in onward motion of employee s interest . disregarding of respondeat superior , an employer can be liable directly for acts or omissions in the process of hiring or supervising his employees . In ridge v . HCA Health Services of Kansas , Inc , it has been held that respondeat superior can be invoked where the employee has performed his duties within the scope of employment , the employer has been negligent or heady and...If you require to get a climb essay, order it on our website: Ordercustompaper.com

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