respondeat superior

respondeat superior (ri-spon-dee-at soo-peer-ee-[schwa]r or s[schwa]-peer-ee-or). [Law Latin “let the superior make answer”] Torts. The doctrine holding an employer or principal liable for the employee’s or agent’s wrongful acts committed within the scope of the employment or agency.

— Also termed master–servant rule. See SCOPE OF EMPLOYMENT. [Cases: Master and Servant 300, 315; Principal and Agent 159(2). C.J.S. Agency §§ 379–384; Employer–Employee Relationship§§ 181–184, 188–193, 203, 231–235, 242, 244–246, 248, 251–252, 254–255.]

“Most courts have made little or no effort to explain the result, and have taken refuge in rather empty phrases, such as ‘he who does a thing through another does it himself,’ or the endlessly repeated formula of ‘respondeat superior,’ which in itself means nothing more than ‘look to the man higher up.’ ” W. Page Keeton et al., Prosser and Keeton on the Law of Torts § 69, at 500 (5th ed. 1984).


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