Principal's Liability for Tort Claim
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
On this page:
Writing Template
Issue
I: The issue is whether the principal is liable for the agent’s tortious conduct.
Analysis
R: A principle’s vicarious (tort) liability may be established under a theory of (1) respondeat superior, (2) apparent authority, or (3) direct liability.
A: Here, [select one or more of the theories of liability listed below and provide facts supporting its relevance].
[Relevant Theory of Liability]
[Insert analysis of the relevant theory of liability from the list below.]
Conclusion
C: Therefore, the principal [is/is not] liable for the agent’s tortious conduct
Theory of Liability Options
The template above mentions three possible theories that may be used to establish the principal’s liability for a tort claim: (1) respondeat superior, (2) apparent authority, or (3) direct liability. The analysis for each is listed below and may be inserted into the template when it is relevant to the facts.
1. Respondeat Superior
R: The principal is vicariously liable for the tortious acts of an agent committed within (1) the scope of (2) employment.
a. Employment
R: An employer-employee relationship exists when the principal controls the manner and means of the agent’s performance. Independent contractors, over whom the principal does not exert control over how they accomplish their work, are generally excluded from this relationship.
A: Here, [apply rule to facts].
C: Therefore, an employer-employee relationship [did/did not] exist.
b. Within the Scope
R: An employer-employee relationship exists when P has the right to control the manner and means of the agent’s performance. An independent contractor is not an employee.
A: Here, [apply rule to facts].
C: Therefore, the agent [was/was not] acting within the scope of their employment.
C: Thus, since both elements [are/are not] satisfied, the principal [is/is not] liable under the doctrine of respondeat superior.
2. Apparent Authority
R: A principal can be held liable for the agent’s torts under apparent authority if the third party reasonably believes the agent was authorized to act on behalf of the principal. This belief must stem from the principal’s conduct, representations, or negligence in creating an impression of authority, and the third party must lack knowledge to the contrary. This theory can apply even if the agent is not acting within the scope of employment or is an independent contractor.
A: Here, [apply rule to facts].
C: Therefore, the principal [is/is not] liable under apparent authority.
3. Direct Liability
R: A principal can be directly liable for the tortious actions of an agent if (1) the principal retains control over the task performed by the agent, (2) the agent is hired to perform a non-delegable duty, (3) the principal is negligent in selecting, training, or supervising the agent, 0r (4) the principal authorizes or ratifies the agent’s tortious conduct. These grounds for direct liability apply even when (5) the agent is an independent contractor.
A: Here, [apply rule to facts].
C: Therefore, the principal [is/is not] directly liable for the tortious conduct of the agent.
Usage Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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