Tort Liability in Agency Law: CPA Exam REG

In this video, I explain the tort liability as it relates to agency law covered on the CPA exam.
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In the context of employer liability for employee actions, the distinction between negligence and intentional torts or crimes is crucial. Let's break this down for clarity:
Intentional Torts
General Rule - Employer Liability for Negligence: Typically, employers are liable for negligent acts committed by employees within the scope of their employment. Negligence involves carelessness rather than deliberate wrongdoing.
Exception for Intentional Torts: Intentional torts, which are deliberate acts intended to cause harm, are generally not considered within the scope of employment. Therefore, employers are usually not liable for these actions. However, there are exceptions:
Authorized Torts: If the employer explicitly or implicitly authorizes the harmful act, they may be held liable.
Use of Force in Job Role: In roles where the use of force is part of the job (like a security guard or bouncer), the employer might be liable for the employee's intentional torts if those actions are related to their job duties.
Crimes
Employer Non-Liability for Serious Crimes: For serious criminal acts (like carrying an illegal weapon), an employer is generally not held liable. Such actions are typically outside the scope of any employment and are considered the sole responsibility of the employee.
Examples
Intentional Tort Example: Imagine a security guard at a nightclub who is instructed to maintain order but ends up assaulting a patron without provocation. While the use of force could be part of their job, an unprovoked assault is an intentional tort and likely not within the scope of employment. However, if the nightclub had a history of encouraging or ignoring excessive force by its security staff, there might be a case for employer liability.
Crime Example: Consider an employee who illegally carries a concealed weapon at work and uses it to commit a crime. Since carrying and using an illegal weapon is a serious crime and not related to the employee's job duties, the employer would generally not be held liable for this criminal act.
In summary, while employers can be liable for employee negligence and, in certain cases, intentional torts related to the job, they are generally not liable for the intentional criminal acts of employees that are outside the scope of their employment.
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