Term
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Definition
| Liability that a supervisory party (such as an employer) bears for the actionable conduct of a subordinate or associate (such as an employee) based on the relationship between the two parties. |
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Term
| What are the Two Theories of Vicarious Liability |
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Definition
| 1. Respondent Superior. 2. Apparent Authority |
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Term
| For an employer to be held liable employee must have been acting with in ....? |
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Definition
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Term
| What are the 3 criteria for determining if an employee is acting within the bounds of employment? |
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Definition
1. The employer must be about the employer's business, not personal business. (no frolic in detour)
2.The employee's conduect must occur substantially within the hours and ordinary spatial boundaries of employment.
3. The employee's conduct must be motivated at least in part by serving the employer's interest. |
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Term
| What are the 3 elements of apparent authority? |
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Definition
1. Representation of authority by pruported principle.
2. A reliance on that representation by a third party.
3. A change in position by the third party reliance on the representation.
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