Respondeat superior
Encyclopedia
Respondeat superior 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. This rule is also called the "Master-Servant Rule", recognized in both common law
and civil law
jurisdictions.
In a broader scope, respondeat superior is based upon the concept of vicarious liability
.
s an employer/employee relationship must be established (meaning that no vicarious liability is established for work performed as an independent contractor
) 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:
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.
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.
Legal doctrine
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows...
which states that, in many circumstances, an employer is responsible for the actions of employees performed within the course of their employment. This rule is also called the "Master-Servant Rule", recognized in both common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
and civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
jurisdictions.
In a broader scope, respondeat superior is based upon the concept of vicarious liability
Vicarious liability
Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency – respondeat superior – the responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that had the "right, ability...
.
In common law
When applied to physical tortTort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
s an employer/employee relationship must be established (meaning that no vicarious liability is established for work performed as an independent contractor
Independent contractor
An independent contractor is a natural person, business, or corporation that provides goods or services to another entity under terms specified in a contract or within a verbal agreement. Unlike an employee, an independent contractor does not work regularly for an employer but works as and when...
) 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
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
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
Vicarious liability
Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency – respondeat superior – the responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that had the "right, ability...
, 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 tribunalNuremberg Trials
The Nuremberg Trials were a series of military tribunals, held by the victorious Allied forces of World War II, most notable for the prosecution of prominent members of the political, military, and economic leadership of the defeated Nazi Germany....
following the Allied
Allies
In everyday English usage, allies are people, groups, or nations that have joined together in an association for mutual benefit or to achieve some common purpose, whether or not explicit agreement has been worked out between them...
occupation of Nazi Germany
Nazi Germany
Nazi Germany , also known as the Third Reich , but officially called German Reich from 1933 to 1943 and Greater German Reich from 26 June 1943 onward, is the name commonly used to refer to the state of Germany from 1933 to 1945, when it was a totalitarian dictatorship ruled by...
after World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
was a question concerning principles closely related to respondeat superior, which came to be known by the term command responsibility
Command responsibility
Command responsibility, sometimes referred to as the Yamashita standard or the Medina standard, and also known as superior responsibility, is the doctrine of hierarchical accountability in cases of war crimes....
. 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.
See also
- Frolic and detour
- Qui facit per alium facit per seQui facit per alium facit per seQui facit per alium facit per se is a Latin legal term meaning, "He who acts through another does the act himself." It is a fundamental maxim of agency. Stroman Motor Co. v Brown, 116 Okla 36, 243 P 133. A maxim often stated in discussing the liability of employer for the act of employee...
- Superior OrdersSuperior OrdersSuperior 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...
- Vicarious liabilityVicarious liabilityVicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency – respondeat superior – the responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that had the "right, ability...