In Oklahoma, when a dispute arises between a principal and an agent, or between an employer and employee, both parties may be sued. The primary issue in such lawsuits is the determination of the relationship and scope of authority or employment, and whether the acts of the agent or employee were done as an act of the principal or employer. The primary types of principal and agent or employer and employee relationships recognized in Oklahoma are a general agency, special agency, master and servant, and independent contractor. In a general agency relationship, the agent has general authority to act on behalf of the principal within the scope of their duties. The agent is subject to the control and direction of the principal, and the acts of the agent are binding on the principal. In a special agency relationship, the agent is authorized to act on behalf of the principal only for a specific purpose. The scope of the agent's authority is limited to the specific purpose for which they were appointed. In a master and servant relationship, the employer has the right to direct and control the work of the employee. The employee is subject to the direction and control of the employer, and the acts of the employee are binding on the employer. In an independent contractor relationship, the contractor is an independent business entity and is not subject to the direction and control of the employer. The contractor is not an agent of the employer, and the acts of the contractor are not binding on the employer.
Oklahoma PRINCIPAL AND AGENT OR EMPLOYER AND EMPLOYEE- BOTH PARTIES SUED- ISSUE AS TO RELATIONSHIP AND SCOPE OF AUTHORITY OR EMPLOYMENT- ACTS OF AGENT OR EMPLOYEE AS ACT OF PRINCIPAL OR EMPLOYER
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If the principal and agent stand in a master?servant relationship to each other, the master is vicariously liable for his servant's tortious conduct committed within the course of his employment irrespective of any personal fault on the master's part.
The legal term for vicarious liability is respondeat superior. In Latin, 'respondeat superior' translates to ?that the master must answer.? It is a legal doctrine stating that a principal is legally responsible for the negligence and wrongdoing done by an agent if the act occurs within the scope of employment.
In general, a principal is liable only for torts committed by agents who are employees, not for torts of agents acting as independent contractors. In general, an employer is not vicariously liable for the torts committed by an independent contractor.
The Basic Law: In California, an employer is vicariously liable for the negligent and wrongful acts of his employees that are committed within the scope of employment.
A principal or employer is liable for the torts caused or contracts formed by an agent and/or employee acting within the scope of the agency or employment. Application of this rule determines whether a principal or employer is liable to any third party, such as a customer, for the actions of an agent.
In the context of agency, the agent is acting vicariously for the principal. A principal is responsible for the tortious acts of an agent done within the Scope of Employment. This is pursuant to a doctrine known as "respondeat superior".
In this context, vicarious liability is called respondeat superior. Under the respondeat superior doctrine, employers are responsible for injuries caused by their employees, provided that the injury occurs while the employee is acting within the scope of his or her employment.