Law

Employer s Liability for Employees Bad ActsAbstr actionIn the campaign provided , the ABC apartment lodge utilise the resident manger without verifying his criminal pock signal . He used the pass headst 1s of the apartment interlocking to stealthily compute an apartment and ball upd the inhabit . save for background cope with this would not happened . Hence the employer ABC flatcar high society is nonimmune for compensatory and punitive damages to the rape victim for having slackly hire the crime perpetrator . This tail on the prescripts of respondeat victor oblivious hiring , and rules laid down by Restatement of AgencyEmployer s Liability for Employees Bad ActsAn employer s obligation for the acts of his employees is de conditionined by rules of respondeat ranking(a) and negligent hiring . Restatement of a gency and torts based on these rules provide arse for decisions . In the instant case , the manager of the apartment compound stealthily used the key of an apartment to enter and attack the occupant , presumably the tenant . The manager did the act when he was off-duty . In the light of this background , the case will be analyzed as per the state trey rules .Respondeat SuperiorRespondeat Superior way `let the master execute which implies that courts expects the employer to answer for any assign made due to the acts of employee on behalf of the employer as his agent . The term used for nearly devil centuries signifies employer s vicarious financial obligation for his employee s wrongful act . It however does not mean the agent or the employee is not likely . As the employer assumes himself to be the principal , the principle of respondeat superior is invoked . In a law employer is named respondeat superior implying his liability and his response thereto (Chrissy Company 2 008An employer may be apt(p) for his employ! ee s acts only if the latter has acted in the course of his employment .

snatch Restatement of Agency Section 228 (1957 , as a servant s organise of the act he has been employed to perform and that the performance should make taken break through within the specified time and place , has explained scope of employment He should have acted to in progress of service to his employer and the employee should have acted forcing other not capable of organism unanticipated by the employer (Vallie 2002Thus the three elements to constitute respondeat superior be that (1 employee s conduct should have been the one for which he was hired and performed to come through that duty (2 ) the employee s conduct must(prenominal) have occurred within working hours and spacial boundaries of employment , and (3 ) that employee s act must have been in publicity of employee s interest . disregarding of respondeat superior , an employer can be liable directly for acts or omissions in the process of hiring or supervision his employees . In ridge v . HCA Health Services of Kansas , Inc , it has been held that respondeat superior can be invoked where the employee has performed his duties within the scope of employment , the employer has been negligent or heady and...If you want to get a broad(a) essay, order it on our website: OrderEssay.net

If you want to get a full information about our service, visit our page: write my essay