Under the doctrine of respondeat superior, which element is essential for applying vicarious liability?

• A. The employee's conduct must be within the scope of employment and authorized by the employer
• B. The employee must personally supervise the employee at all times
• C. The employee must be acting with intent to harm
• D. The harm must occur in a different jurisdiction

Answer: (B)

Respondeat superior hinges on the relationship between employer and employee and the employee’s conduct within the scope of that relationship. The essential requirement is that the wrongful act occurs while the employee is acting within the duties of their job and with the employer’s authorization or participation in the sense that the act is of the kind the employer asked the employee to perform or that could be reasonably foreseen as part of carrying out the job. When the employee is performing tasks they are employed to do, or acting in the course of their employment, the employer can be held liable for the resulting harm.

This is why the idea that the employer must personally supervise the employee at all times is not necessary for vicarious liability—the relationship and the scope of the employee’s conduct, not constant supervision, drive liability. Likewise, intent to harm is not required in many cases (negligence or other torts can trigger liability), and the location of the harm in a different jurisdiction has no bearing on whether vicarious liability applies in the current setting.