The legal doctrine of "respondeat superior" is a concept in tort law when a court system holds an employer legally responsible for the acts of an employee if negligence occurs within the scope of the employee's work, according to Cornell University's Legal Information Institute. A 2002 article in the Southern Medical Journal reveals that a health care provider may be held negligent, rather than a doctor, in some circumstances.Know More
The concept of respondeat superior is sometimes difficult to assess in a court of law. SMJ explains a doctor who is negligent while acting under a health care provider's guidelines may not be entirely negligent. A doctor or health care provider may even be found negligent after a negative medical outcome caused by a previous medical provider. If it is proven that a provider exercises control over a doctor's methods and means of work, respondeat superior rests with the doctor's employers.
Personal injury attorney Colin E. Flora of Pavlack Law LLC explains four criteria are generally used to ascertain whether or not someone acts "within the scope of employment." An employee's conduct must be similar to that which the employee was hired to do. The person's actions are within the spatial and temporal limits of employment. Actions further an employer's business. Certain conduct is expected based upon the employee's duties. In simpler terms, the employee should be on the clock, at the employer's facility and acting within the regulations and guidelines of the employer to be within the scope of employment.Learn more about Law
The Legal Information Institute of Cornell University explains that a constitutional provision is a law that is stated directly in the country's constitution. This is different than laws or rules that are mandated through other forms of legislation.Full Answer >
A motion for sanctions is a document submitted to the court to describe conduct that violates rules of the court by the other parties in a civil proceeding, according to the Cornell University Law School's Legal Information Institute. The court may impose sanctions in response.Full Answer >
The Donoghue v. Stevenson trial, also known as 'The Paisley Snail MiniTrial,' was responsible for establishing the tort law of negligence, which underpins manufacturers' legally obligated duty of care for their customers. The trial took place in Scotland and concluded with Lord Atkin's judgment in 1932.Full Answer >
The Legal Information Institute at Cornell University reveals that throwing away someone else’s mail is illegal and violates a federal statute. The statute is referred to 18 U.S. Code 1702, known as “Obstruction of Correspondence.”Full Answer >