Respondeat Superior And Independent Contractor
Description
How to fill out Maryland Complaint Wrongful Discharge, Intentional Infliction Of Emotional Distress, Respondeat Superior, And Negligent Hiring, Retention, Supervision?
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FAQ
Generally, the employer, master or principal is not liable for the tortious acts committed by the independent contractor has certain exceptions mentioned as follows: The master/employer/servant has authorized to do wrongful act.
A servant is an agent who is subject to the control and supervision of his employer regarding the manner in which the work is to be done. An independent contractor is not subject to any such control. He undertakes to do certain work and regarding the manner in which the work is to be done.
Under tort law, employers who hire independent contractors usually have no vicarious liabilities to independent contractors' tortious acts. While the duties of certain conducts are non-delegable, employers will remain vicariously liable.
It was also held that the rule embodied in the maxim 'respondeat superior' is subject to the exception that the master is not liable for the acts of his servants performed in the discharge of a duty imposed by law.
Respondeat superior is Latin for "let the master answer." This phrase comes from the common law doctrine that holds an employer liable for the wrongful acts of its employees. For example, if an employee is negligent and causes injury to someone or commits a crime, the employer could be held responsible.