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Chapter 12

VICARIOUS LIABILITY

  This chapter examines several doctrines which may cause one person to become liable for the acts of another. When one person is made liable for the torts of another, we say that the former is “vicariously liable.” The most important ways this can happen are as follows:
  • Employers:  An employer is normally vicariously liable for torts committed by his employees.
    • Who is an “employee”:  A will be deemed B’s employee if B gets to control the details of how A does his work.
    • Scope of employment:  The employer is only liable for torts committed by the employee “during the scope of the employment.” Normally, this means that there will be liability only when the employee is acting in furtherance of the employer’s business interests.
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