Respondeat superior

Respondeat superior

"Respondeat superior" (Latin: "let the master answer") is a legal doctrine which states that, in many circumstances, an employer is responsible for the actions of employees performed within the course of their employment. [http://www.fldfs.com/wc/history.html] This rule is also called the "Master-Servant Rule". It is recognized in both common law and civil law jurisdictions. [http://links.jstor.org/sici?sici=0023-9186(195524)20%3A1%3C72%3ATLIGSL%3E2.0.CO%3B2-V] (It is also sometimes written as "respondent superior", the plural form.)

In common law

When applied to physical torts an employer/employee relationship must be established and the act must be committed within the scope of employment (i.e. substantially within time and geographical limits, job description and at least with partial intent to further employer's business).

Historically, this doctrine was applied in master/servant or employer/employee relationships. If the employee or servant committed a civil wrong against a third party, the master or employer could be liable for the acts of their servant or employee when those acts were committed within the scope of the relationship. The third party could proceed against both the servant/employee and master/employer. The action against the servant/employee would be based upon the direct responsibility of the servant/employee for his conduct. The action against the master/employer is based upon the theory of vicarious liability, by which one party can be held liable for the acts of another.

Employer/employee relationships are the most common area wherein respondeat superior is applied, but often the doctrine is used in the agency relationship. In this, the principal becomes liable for the actions of the agent, even if the principal did not directly commit the act. There are three considerations generally:
# Was the act committed within the time and space limits of the agency?
# Was the offense incidental to, or of the same general nature as, the responsibilities the agent is authorized to perform?
# Was the agent motivated to any degree to benefit the principal by committing the act?The degree to which these are answered in the affirmative will dictate the degree to which the doctrine can be applied.

Common law distinguishes between civil and criminal forms of respondeat superior.

In International Law

At issue in the Nuremberg war crimes tribunal following the Allied occupation of Nazi Germany after World War II was a question concerning principles closely related to respondeat superior, which came to be known by the term command responsibility. The Nuremberg trials established that persons cannot use the defense that they were only following the orders of their superiors, if that order violates international norms but especially that superiors that ordered, or "should have known," of such violations yet failed to intervene are also criminally liable.

ee also

*Frolic (law)
*Vicarious liability

External links

* [http://cyber.law.harvard.edu/torts3y/readings/CB-R-01.htm Harvard Law Study Material on Tort (includes Respondeat Superior)]


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  • respondeat superior — re·spon·de·at superior /ri spän dē ət / n [Medieval Latin, let the superior give answer]: a doctrine in tort law that makes a master liable for the wrong of a servant; specif: the doctrine making an employer or principal liable for the wrong of… …   Law dictionary

  • Respondeat Superior — (lat.: ‚es soll der Vorgesetzte antworten‘) bezeichnet im Recht Englands und Wales ein im 17. Jahrhundert entstandenes Rechtsinstitut, bei dem ein master oder employer (etwa ‚Dienstherr‘) für torts (etwa ‚Delikt‘) seiner Leute (servants und… …   Deutsch Wikipedia

  • respondeat superior — Frase latina que significa literalmente dejad que responda el maestro , expresando la doctrina de que un patrón debe ser considerado responsable de los agravios cometidos por los empleados que actúan dentro del ámbito de su trabajo. Diccionario… …   Diccionario médico

  • Respondeat Superior — A legal concept in which a company and the company s management are held responsible for employees actions. The phrase respondeat superior is Latin for let the superior respond, and it prevents employers from profiting from the illegal acts of… …   Investment dictionary

  • respondeat superior — noun Etymology: Medieval Latin, let the superior give answer : the responsibility of a principal for his agent s acts the power of control is the test of liability under the doctrine of respondeat superior J.D.Johnson …   Useful english dictionary

  • respondeat superior — The doctrine under which liability is imposed upon an employer for the acts or his employees committed in the course and scope of their employment. 35 Am J1st M & S § 543. The tort liability of a principal for the act of his agent is based, not… …   Ballentine's law dictionary

  • respondeat superior — noun A legal doctrine which holds that an employer, officer, manager, supervisor, or other individual or group superior to an employee or subordinate may be legally liable for the acts of that employee or subordinate …   Wiktionary

  • respondeat superior —    (Latin: let the master answer)    A doctrine in the law of agency, which provides that a principal (e.g., an employer) is responsible for the actions of his or her agent (e.g., employee) in the scope of employment. An employee acting on behalf …   Business law dictionary

  • respondeat superior — /raspondiyat s(y)apiriyar/ Let the master answer. This doctrine or maxim means that a master is liable in certain cases for the wrongful acts of his servant, and a principal for those of his agent. Burger Chef Systems, Inc. v. Govro, C.A.Mo., 407 …   Black's law dictionary

  • Superior orders — (often known as the Nuremberg defense or lawful orders) is a plea in a court of law that a soldier not be held guilty for actions which were ordered by a superior office.[1] The superior orders plea is similar to the doctrine of respondeat… …   Wikipedia

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