Section 24 Restatement (Third) of Agency

• Library: Employer-Employee Law 2008

The treatment of respondeat superior and scope of employment in the Restatement (Third) of Agency (2006) differs in both manner of presentation and emphasis of certain factors. There is recognition that the Restatement (Second) of Agency (1958) spread the topic of respondeat superior among too many sections, which said similar but not identical things, creating a potential for confusion and inconsistencies.

Section 7.07(2) of the Restatement (Third) of Agency is described in the Reporter’s Notes as a consolidation of numerous sections from the previous edition. Section 7.07(2) focuses simply on whether the act occurred when performing work assigned by the employer or otherwise subject to the employer’s control. The extensive Comments, Illustrations, and Reporter’s Notes provide further refinements potentially applicable to acts of violence perpetrated by employees.

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