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The three vicarious liability elements are: The wrongful act must have been committed by an employee or other agent. The employee or other agent must have been acting within the scope of his or her employment or agency. The employer or other person must have had the ability to control the employee or other agent.
? Respondeat Superior: The doctrine by which an employer or other principal is liable, along with the agent or employee, for any tort committed by the agent or employee while acting within the scope of their agency or employment.
The doctrine of respondeat superior applies to negligent torts but not intentional torts or strict liability actions. An employer is vicariously liable for negligent acts engaged in by an employee while traveling to and from work.
Respondeat superior is a legal doctrine, most commonly used in tort, that holds an employer or principal legally responsible for the wrongful acts of an employee or agent, if such acts occur within the scope of the employment or agency.
Essential Ingredients of the Doctrine of Respondeat Superior First, it is crucial to establish a true relationship between the employee and the employer or the servant and the master. Second, the wrongful act must be committed within the scope of employment.