Section 23 Restatement (Second) of Agency

• Library: Employer-Employee Law 2008

The following sections of the Restatement (Second) of Agency (1958) have potential applicability to vicarious liability of employers for violent acts committed by their employees.

• Section 228 (cited in Noah v. Ziehl, 759 S.W.2d 905, 910 (Mo. App. E.D. 1988)). This section provides that conduct is within the scope of employment only if it is the kind of activity the employee is employed to perform, it occurs substantially within authorized spatial and temporal limits, and at least part of the employee’s motivation is performing work for the employer. This section also provides that intentional use of force is within the scope of employment only if “not unexpectable” by the employer

• Comments a and b to § 228 indicate that conduct close to, although not precisely within, the authorized place or time, or acts similar, but not identical to, those the...