Question

According to the doctrine of "respondeat superior" (or, "let the master answer for the servant") and employee engaged in activities that further the employer's interest is considered to be the agent of the employer. Therefore, the employer (the principal under agency law) is liable for the negligence of employees. Consider the following hypothetical occurrence: Martha is a tax return preparer at Acme Tax Service. Jeremy, the owner of the business, asks Martha to make a trip to the post office to replenish the office's supply of stamps, which are running very low. On the way to the post office, Martha becomes distracted by a text on her mobile phone and fails to stop at a red light, striking Buford who is in the pedestrian crosswalk. In a few paragraphs of academic-quality writing, respond to the following compound question: Is it right that Acme, and by extension Jeremy, should be liable for paying for the damages caused by Martha's negligence; why is this the policy imposed by the law; and, what principle of justice, ethics, or morality are embodied in this policy?

Answer 1

Answer

1. Martha, an employee of Acme Tax Service was on an official assignment when her car hit Buford as a result of not stopping at a red light caused by a distraction. According to the doctrine of ‘respondeat superior’, an employee engaged in the activities that further employer’s interest (here Martha on a visit to the post office as instructed by the firm) is considered to be the agent of the employer. Employers are vicariously liable for the negligible acts or omissions by their employees in the course of their employment. Hence Acme, and by extension, Jeremy should be liable for paying for the damages caused by Martha's negligence.

2. This policy is imposed by the law under the premise that the employee is supposed to work under the direction and control of the employer and that the employee’s actions are within the scope of the employment. The primary aims of the law are to provide relief to injured parties for harms caused by others and to deter others from committing harmful acts.

3. The doctrine of ‘respondeat superior’ applies here. Also the legal principle of ‘vicarious liability’ applies here, which holds one person liable for the actions of another when engaged in some form of joint or collective activity. ‘Respondeat superior’ is a legal principle recognised by both common law and civil law.