Under respondeat superior, when is an employer liable for an employee's tortious conduct?

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Under the principle of respondeat superior, an employer is liable for an employee's tortious conduct when the employee acts within the scope of employment. This means that the employer can be held responsible for the actions of the employee that occur while they are performing their job duties or engaging in activities that are reasonably related to their work. The key factor here is not merely the timing of the actions or direct supervision, but whether the conduct arises from the employee fulfilling their role or carrying out tasks related to their employment.

For example, if an employee causes a car accident while driving a company vehicle to meet a client, the employer may be liable because the employee was acting within the scope of their employment. In contrast, if the employee was running a personal errand during work hours unrelated to their duties, the employer would typically not be held liable.

This legal principle encourages employers to exercise care in their hiring and supervisory practices, as they bear a degree of responsibility for the actions of their employees when those actions are linked to their employment duties. Other options presented do not capture this essential requirement of liability under respondeat superior.

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