Define: Adverse-Agent Doctrine

The Adverse-Agent Doctrine is a legal principle that holds an employer liable for the actions of its employees when they cause harm to others while acting within the scope of their employment.

Under the Adverse-Agent Doctrine, if an employee causes injury to another person while performing their job duties, the employer can be held responsible for the employee’s actions.

The scope of employment refers to the range of activities that an employee is authorized to perform on behalf of their employer. If an employee’s actions fall within this scope, the employer can be held liable for any resulting harm.

Yes, an employer can be held liable for an employee’s intentional misconduct if it occurs within the scope of employment. However, there may be certain exceptions depending on the specific circumstances of the case.

Some common defences against the Adverse-Agent Doctrine include proving that the employee’s actions were outside the scope of employment, that the employee was acting in a purely personal capacity, or that the employee’s actions were contrary to the employer’s instructions.

Typically, the Adverse-Agent Doctrine does not apply to independent contractors. However, there may be exceptions if the contractor is acting as an agent of the employer or if the employer exercises significant control over the contractor’s work.

Generally, an employer is not liable for an employee’s actions that occur outside of working hours, unless those actions are somehow related to the employee’s job or the employer has authorized or encouraged such behavior.

Yes, an employer can still be held liable for an employee’s actions even if they were not aware of the misconduct. The key factor is whether the employee’s actions occurred within the scope of employment.

Yes, an employer can be held liable for negligent hiring or supervision if it can be proven that the employer failed to exercise reasonable care in selecting or overseeing the employee, and this failure contributed to the harm caused.

In some cases, an employer may still be held liable for an employee’s actions even if they were in violation of company policies. The key factor is whether the employee’s actions occurred within the scope of employment, regardless of policy violations.