Principal’s liability for agent’s torts

We have covered the reasons the law makes employers liable for the torts of employees under respondeat superior, including the ability of employers to bear the burden or to socialize the cost of paying for damages caused by an employee’s tort.

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Answer the Questions:

1. Do you think those are good reasons to make someone liable for the actions of another person?

What kind of behavior is the rule of respondeat superior likely to foster?
Does the rule encourage employers to train and supervise their employees better?

2. Do you think respondeat superior makes employers liable for too many acts of their employees?
Does the rule discourage some businesses from using employees?
Does any discouragement affect both prospective employers and prospective employees?

3. Do you think the law should make employers liable for all the torts of their employees?

4. Do you think it is right for an employer to pay for all damages caused to others by the tort of an employee?
When forming your answers, consider the ethical theories we covered
in Chapter 4.
Book Reference if needed:
Mallor, J.P., Barnes, A.J., Bowers, T., & Langvardt, A.W. (2010). Business law: The ethical, global, and ecommerce environment (14th ed.). New York : Irwin/McGraw Hill

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