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Mississippi Jury Instruction - Respondeat Superior Instruction

Respondeat Superior And Independent Contractors

Name: Respondeat Superior And Independent Contractors
Brand: US Legal Forms
Rating: 4.83 (428 reviews)

Category:

Mississippi Civil Procedure - Jury Instructions - Respondent Superior

State:

Mississippi

Control #:

MS-61998J

Format:

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This form is a sample Mississippi jury instruction on the topic of: Respondeat Superior Instruction. Care should be used to check the language of this instruction for compliance with current case law. U.S. Legal Forms, Inc., offers this form only as sample language and does not guarantee its compliance with Mississippi law regarding jury instructions. MS-61998J

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FAQ

Respondeat superior applies to employees, but not to independent contractors.

The Doctrine of Respondeat Superior For example, when a truck driver's negligence results in a truck accident, a person injured in the accident may be able to bring the truck driver's employer, usually a trucking company, into the lawsuit.

However, there are exceptions to the respondeat superior doctrine. One exception is the going and coming exception which states that an employee commuting to or from work is outside the scope of employment.

Corporate liability under respondeat superior generally requires three elements: (1) the agent of the corporation committed the crime, (2) while acting within the scope of the agent's authority, (3) with an intent to benefit the corporation.

Respondeat Superior applies in cases where the plaintiff proves three things:The injury occurred while the defendant was working for the employer.The defendant was acting within the scope of her employment.The defendant was performing an act in furtherance of the employer's interest.

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However, there are three exceptions. Preempt Tort Remedies: Limits on Vicarious Liability for Acts of Independent Contractors, 15 FORDHAM J. CORP.Respondeat superior applies when there is an employment relationship between the company and the employee. Under North Carolina's doctrine of respondeat superior, a principal may be held vicariously liable for the torts of his agent. The common-law doctrine of RESPONDEAT SUPERIOR holds an employer liable for the negligent acts of its employee.

Respondeat Superior And Independent Contractors

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Does respondeat superior include independent contractors?

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What is Respondeat superior?

How does Respondeat superior apply in Mississippi?

What are the benefits for an injured party in a Respondeat superior claim?

Can independent contractors be covered under Respondeat superior in Mississippi?

How can an employer avoid liability under Respondeat superior in Mississippi?

Are there any exceptions to the general rule of Respondeat superior in Mississippi?

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