Legal Definitions - Respondeat Superior

Definition: Respondeat Superior is a legal doctrine that holds an employer or principal responsible for the wrongful acts of an employee or agent, if such acts occur within the scope of the employment or agency.

For example, if an employee causes harm to someone while performing their job duties, the employer can be held liable for the employee's actions under the doctrine of respondeat superior. This is because the employee was acting within the scope of their employment when the harm occurred.

There are different tests used to prove respondeat superior, depending on the jurisdiction. The Benefits Test looks at whether the employee's social or recreational pursuits on the employer's premises after hours are endorsed by the employer and are conceivably of some benefit to the employer. The Characteristics Test looks at whether the employee's action is common enough for that job that the action could be fairly deemed to be characteristic of the job.

It's important to note that respondeat superior only applies to employees, not independent contractors. The Third Restatement of Torts helps to outline the difference between an employee and an independent contractor for the purpose of respondeat superior.

Overall, respondeat superior is a way to hold employers accountable for the actions of their employees, even if the employer was not directly involved in the wrongful act.