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:
“If the worker and his boss enjoy the same television program and visit the same resort places, if the typist is as attractively made up as the daughter of her employer, if the Negro owns a Cadillac, if they all read the same newspaper, then this assimilation indicates not the disappearance of classes, but the extent to which the needs and satisfactions that serve the preservation of the Establishment are shared by the underlying population.”
—Herbert Marcuse (1898–1979)
“In Russia, whatever be the appearance of things, violence and arbitrary rule is at the bottom of them all. Tyranny rendered calm by the influence of terror is the only kind of happiness which this government is able to afford its people.”
—Marquis De Custine (1790–1857)