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Week 4 DB Sha - Essay Example

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As cited by (Owen 72), the principle of agency holds that an employer or principal is actually explicitly liable for the torts of his or her employee or agent that happen during the course of…
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Week 4 DB Sha
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Respondeat Superior: Employer Responsibility The has respondeat superior liability for the harmful acts of these firefighters. As cited by (Owen 72), the principle of agency holds that an employer or principal is actually explicitly liable for the torts of his or her employee or agent that happen during the course of the employee’s actions on behalf of the employer. First of all the captain gave the firefighters the permission to attend the Porn Star Costume Ball. In this perspective, the captain is acting on behalf of the city with the employees being subject to the control of the employer. Besides that, the 24-year-old photographer was asked by the firefighters to take the photographs and was assaulted in the city’s truck. Even though the captain allowed some of the firefighters to make use of the occasion to pick up women, some of the firefighters in attendance were on duty. As a result, the city is vicariously liable for the assault offences of its employees. The employer was directly negligent in allowing the employees to use the occasion pick up women which resulted in the sexual offense
Some of the firefighters were on duty in case of any eventuality at the event. This implies that the firefighters were dutifully at the place to perform responsibilities authorized by the agent. As stated in American Federation vs. Equitable life, for respondeat superior to attach, the employee needs to have breached his duty to a third whilst acting in the scope as well as course of his employment. At the time of the sexual assault, one of the firefighters was on duty. This implies that the firefighter breached duty while acting in the course of his employment. The offence was committed within the time and space limits of the agency considering that one of the employees was on duty. Furthermore, sexual assault is a violation of the basic human rights and a criminal offense. In my view, the city is to have respondeat superior liability for the harmful acts of these fighters.
Works Cited
American Federation v. Equitable Life, 841F.2d 658.
Owen, Dornfield. "Tort Liability in German School Law." Law and Contemporary Problems, 20.1 (2012): 72-79. Read More
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