MBE Rules · Torts
Respondeat superior
The rule
Employer vicariously liable for torts of employees committed within the scope of employment. Detours (minor deviations) within scope; frolics (major deviations for personal reasons) outside scope. Intentional torts: generally outside scope unless force is part of the job (bouncer) or motivated by employment.
In plain English
An employer can be held responsible for an employee's actions if those actions happen while the employee is doing their job. Small side trips are okay, but big personal detours aren't covered.
Worked example
A delivery driver hits a pedestrian while stopping for coffee on their route. The employer is liable because the stop is a minor detour. If the driver went to a friend's house for hours, the employer wouldn't be liable.
Memory hook
Detour vs. Frolic: minor is fine, major is mine. Employers pay for minor detours, not major frolics.
The trap
Students think: Any deviation from work means no liability. Wrong, because minor detours are within scope. The actual test is whether the deviation is substantial (frolic) or minor (detour).
How examiners test it
The MBE loves: employee runs personal errand during work. Trap: students assume no liability. Test: distinguish between minor detour (liability) and major frolic (no liability).
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