What determines an employer's vicarious liability for an employee's intentional tort?

An employer's vicarious liability for an employee's intentional tort primarily hinges on whether the employee was acting within the scope of employment at the time the tortious act occurred. This concept leads to the principle that an employer can be held responsible for the actions of their employees when those actions are performed in the course of their job duties or while fostering the interests of the employer.

For an employer to be vicariously liable, the tortious conduct typically must be related to the employee's work activities or have a sufficient connection to their job. For example, if an employee commits a battery on a customer during the course of handling a job-related task, the employer may be held liable because the employee was operating within the realm of their responsibilities.

Other options such as whether the employee was acting within personal interest or whether prior knowledge or direct instructions from the employer were involved do not generally govern the primary determination of vicarious liability in intentional tort cases. While these factors may have relevance in specific contexts, they do not affect the fundamental requirement of acting within the scope of employment, which is the baseline for assessing an employer's liability for an employee’s tortious actions. Understanding this legal framework is crucial for both employers and employees, as it outlines the potential legal