Underlying Rule of Liability
An employer is vicariously liable for the unintentional torts of his employees. Similarly, a principal is liable for unintentional torts committed by an agent. This rule extends to partners in a partnership, who act as agents for one another, making each partner liable for unintentional torts committed by other partners while working for the benefit of the business. A frolic presents a situation that absolves employers, principals, and partners of this liability. A detour, comparatively, still allows a judge or jury to assess liability upon the employer, as the agent’s/employee’s actions will not be considered so far beyond the scope of employment as to absolve the employer/principal from liability without a factual assessment.
Read more about this topic: Frolic And Detour
Famous quotes containing the words underlying and/or rule:
“The dominant metaphor of conceptual relativism, that of differing points of view, seems to betray an underlying paradox. Different points of view make sense, but only if there is a common co-ordinate system on which to plot them; yet the existence of a common system belies the claim of dramatic incomparability.”
—Donald Davidson (b. 1917)
“As a rule we develop a borrowed European idea forward, and ... Europe develops a borrowed American idea backwards.”
—Mark Twain [Samuel Langhorne Clemens] (1835–1910)