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NeCede's

Maxim 4.3.14

The master is liable for injury done by his servant.

Source: Lofft, 229; Weisman, 96b Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Under the doctrine of respondeat superior, a master is liable for injuries caused by his servant acting within the scope of employment — cite this to hold an employer accountable for the torts of his employee.

Where this applies

  • A delivery driver causes an accident while making deliveries for his employer; the injured party sues the employer under respondeat superior because the master is liable for the servant's wrongs.
  • A hotel guest is injured when a bellhop negligently drops heavy luggage on her foot; the hotel is held liable because the employee was acting within the scope of his employment.
  • A landscaping company's worker damages a client's fence while mowing the lawn; the client sues the company rather than the individual worker, invoking the principle that the master answers for the servant's torts.

Legal domains

Cite this maxim

NeCede Max. 4.3.14 — The master is liable for injury done by his servant. — Lofft, 229; Weisman, 96b

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