Memorandum, Vicarious Liabikity

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  • Topic: Respondeat superior, Tort law, Tort
  • Pages : 2 (499 words )
  • Download(s) : 232
  • Published : September 5, 2011
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To: Senior Attorney
From: Paralegal
Re: Vicarious Liability

John Stokely is responsible for injuring the motorcyclist while driving a vehicle from AAA Auto Dealers. Employers are vicariously liable under the respondeat superior doctrine. In the respondeat superior doctrine, in most cases, an employer is responsible for the actions of employees performed within the scope of employment. John Stokely used the company’s vehicle for personal reasons, regardless of what they were, and negligently collided into and injured someone on a motorcycle. John Stokely is a sales executive for AAA Auto Dealers. Not only did he use the company’s car for personal reasons, his boss accompanied him on the visit to a family member’s house for dinner. The boss was excusing John Stokely’s behavior, allowing him to use company property for a different purpose other than what it was intended for. John Stokely’s boss accompanied him to his cousin’s house so it can be argued that John Stokely had “permission” to do what he wanted. The boss will be held responsible by the owner(s) of AAA Auto Dealers as well by allowing John Stokely to act outside of his job description.

For more research on this issue, Lexis Nexis can be used to find cases that relate to this scenario by entering different terms in the search engine. Vicarious liability for employers and respondeat superior are words that can be used to research cases, statutes, constitutional provisions, and regulations that relate to the scenario. Negligence within the scope of employment is a phrase that can be used to perform a search for law reviews and journals, treatises, Restatements, dictionaries, and the Restatement of Torts.

In the case Gill Plumbing Company, Inc. v. Macon, a widower brought suit against the defendant company for the wrongful death on the theory of respondeat superior and negligent entrustment. People are sometimes injured or injure someone in auto accidents while driving to or from their place of...
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