...)], I am nonetheless bound, in an action based on the Virgin Islands Tort Claims Act, by the local law of respondeat superior as set forth in the Restatement (Second) of Agency. Section 245 of the...the use of force by a servant is not prevented by the fact that the servant acts in part because of a personal motive, such as revenge". Restatement (Second) of Agency § 245, comment f...so aggravated that the employer cannot justifiably be held responsible. Comment b. to § 229 of Restatement (Second) of Agency states that "[a]lthough an act...

...accomplishment of the authorized result." Restatement (Second) of Agency, Section 231, Comment (a) (1957). The rationale behind this Section is that if the act is not appropriate or expected, it can be neither authorized nor incidental to an authorized act. See, Restatement (Second) of Agency, Sections 228-29, 235, 245 (1958...action rely on Section 245 of the Restatement (Second) of Agency, which states that the employer may be liable for assault by his employee if the employment is likely to bring the employee into...were so outrageous as to preclude recovery under Wellman. Restatement (Second) of Agency, Section 245, Comment (c...

..., Supplement to Vol. 2 at p. 613 ("Comment to Section 26.9 nn. 16-20") (1968); Restatement of Agency Second, Appendix, pp. 391-99 (1958). See: Wisemore v. First Nat. Life Ins. Co...(1956); Prosser on Torts, Section 70 (4th ed. 1971); Restatement on Agency Second, Sections 219, 228, 229, 245 (1958). The decisions relied upon by the appellant, insofar as...occurred while the employee was at least partly actuated by his purpose of acting for his employer in the discharge of the recalcitrant co-employee (Restatement, cited above, Section 228), and it was...

...Hospitals, Inc., 306 Or. 54, 60, 757 P.2d 1347 (1988) (adopting Restatement (Second) of Agency § 245 (1957)). Section 245..., 757 P.2d 1347 (1988), the Supreme Court acknowledged that employers may be liable for the intentional torts of an employee and quoted with approval Restatement (Second) of Agency 537, section 245 (1957...Restatement (Second) of Agency § 245 (1958)). Here, Davis's murder of Bray was "unexpectable" "in view of the duties of the servant." Moreover, as...

..."unfair." Leafgreen, 393 N.W.2d at 281. [¶ 18.] The Restatement (Second) of Agency has also been used as a source of other relevant factors to be considered by the fact finder. See Deuchar at 180, n. 2. Restatement (Second) of Agency, § 228, General Statement [regarding the Scope of Employment], comment a. instructs, "[section] 245 states...factors listed in Restatement (Second) of Agency § 229" Kind of Conduct within Scope of Employment, repeated in Deuchar, were considered by the trial court in its decision. These factors are inappropriate given the more specific applicability of the "special rule" to the use of force. [¶ 20.] Section 245, comment.... The commentary to Restatement (Second) of Agency § 245 fills almost six pages in the published volume. Because the use of force is fully discussed in Section 245...

...reprehensible that it should be insulated from liability. Relying upon section 245 of the Restatement (Second) of Agency (Restatement (Second) of Agency § 245, at 537 (1958)), and Harrington v. Chicago Sun-Times (1986), 150 Ill. App.3d 797, 502 N.E.2d 332, which cites section 245..., we believe that the criteria for imposition of liability suggested by section 245 of the Restatement (Second) of Agency have been satisfied. Given the evidence of Livigni's prior acts that preceded...the part of National itself. Section 909(b) of the Restatement (Second) of Torts speaks directly to the issue under discussion. So too does the case of Easley v. Apollo Detective Agency, Inc...

...agency principles.” Id. at 1199–1200. We quoted Section 245 of the Restatement (Second) of Agency as follows...unauthorized, if the act was not unexpectable in view of the duties of the servant. Id. at 1200. We went on to quote Comment C of Section 245 as well, which provides...regulating recovery for personal injury to, or death of, a railway employee apply to an action under this section. 46 U.S.C. § 30104. By incorporating...

...in view of the duties of the servant." Id. at 55, 665 P.2d at 811 (quoting Restatement (Second) of Agency § 245 (1958)). The opinion also quoted comment c to Section 245...Agency, Section 5; American Law Institute, Restatement, Agency, Section 228, comment (b)." Sawyer, 587 A.2d at 471. We... was acting in the course and scope of his employment. NMSA 1978, Section 29-1-1 (Repl.Pamp. 1990), makes it "the duty of every sheriff, deputy...

...Islands" bound to apply the Restatements "in the absence of local laws to the contrary." Id. Section 245 of the Restatement (Second) of Agency ["Restatement"] governs the question of Amexpo's...):          The comments to section 245 of the Restatement establish Dupigny's conduct was not expectable. Comment a, which addresses the types of...collect on a debt is not "expectable" as under section 245. The facts of this appeal clearly fall within these examples of the employer's non-liability for its employee's actions, and were not an effort to...

...the formulation of section 245 of the Restatement (Second) of Agency (1957): "A master is subject to liability for the intended tortious harm by a servant to the... Davis's conduct. At trial, defendant moved for a directed verdict, arguing that plaintiff's proof was legally insufficient to satisfy the second and third elements of the three-part test for.... Kaiser Foundation Hospitals, Inc., 306 Or. 54, 60, 757 P.2d 1347 (1988) (the second paragraph of the instruction...

..., 912. The change in Restatement, Second, Agency, section 245, as indicated in the Appendix written twenty-three years later should be especially noted because the change is substantial and weakens the authority upon which the majority relies. At page 389 the author of the...very authorities cited by the majority, i.e., Restatement, Second, Agency, section 245, Comment a (as amended by the Appendix, Restatement, Second, Agency, section 245) and annotation 34 A.L.R.2d...., both supra; Annotation, 34 A.L.R.2d 367; Restatement of Agency, § 245, Comment a, page 548. The case at...

..., section 245 of the Restatement (Second) of Agency, which provides: "A master is subject to liability for the intended tortious harm by a servant to the...the servant, relying on § 245 of the Restatement (Second) of Agency. She also quotes from the Restatement (Second) of Agency § 229 comment a (1958... Oregon Court of Appeals. Argued and submitted September 22, 1997 Reversed on appeal; affirmed on cross-appeal December 17, 1997...

...order for the doctrine to apply." Id. 208. Restatement (Second) Agency, Section 245 "Use of Force", states, in CT Page 3444 pertinent part: "Comment f. Servant actuated by...when he entered the second time. The witness appeared to have a convenient CT Page 3442 memory. As for Pruitt the Court has taken into account that he has been convicted of forgery...in the second degree at least twice and larceny in the second degree all of which are felonies which involve a lack of veracity and impeach his integrity. Further, he told the police when he was at St...

...limits, or too little actuated by a purpose to serve the master. Nelson. 571 N.W.2d at 335 (quoting Restatement (Second) of Agency § 228). South Dakota uses a similar test under Section 245 to...N.W.2d at 446 (quoting Restatement (Second) of Agency § 245). South Dakota distills this section into a two-prong test: "(1) whether the purpose of the act was to serve the principal and (2) whether...Restatement (Second) of Agency for vicarious liability under the doctrine of respondeat superior. See Kirlin v. Halverson, 758 N.W.2d 436, 445^6 (S.D. 2008) (citing Restatement (Second) of Agency § 245 (Am. L...

..., intended by the agent only to further his own interest, not done for the principal at all. (Citing cases and Restatement of Agency, Sec. 235.) But motives may be mixed; men may vent their spleen upon others and yet mean to further their master's business; that meaning, that intention is the test. ' (Citing cases and Restatement of Agency, Section 236, Section 245, comment '(d)'.         The above is quoted from page 731, second column...:         'Restatement of the Law of Agency, Section 228, defines in general terms the phrase 'scope of employment...* * * '.         'This general statement is extensively enlarged and analyzed in subsequent sections of the Restatement of the Law of Agency, but it seems clear...

.... We explained that the course of employment issue "must be analyzed within the framework of established agency principles." Id. at 1199-1200. We quoted Section 245 of the Restatement (Second) of Agency as...Comment C of Section 245 as well, which provides: The master, however, is relieved from liability under the rule stated in this Section if the servant has no intent to act on his...railway employee apply to an action under this section. 46 U.S.C. § 30104. By incorporating "[l]aws of the United States regulating...

...Dist. 1972). Sexual molestation and a physical beating can both be manifestations of a desire to exercise domination and power. Restatement (Second) of Agency, which the Illinois courts have often relied upon, recognizes in section 231, Comment a, that minor crimes committed in the prosecution of the business can reasonably be anticipated and in section 245 that... CYNTHIA DORSEY, Plaintiff, v. DWAIN GIVENS, COUNTY OF WILL and WILL COUNTY ADULT DETENTION CENTER and SHERIFF OF WILL COUNTY, Defendants. No...and Sheriff Ward (Sheriff) is not at all sure Givens molested plaintiff. It is undisputed, however, that sexual misconduct involving a prisoner is both a violation of work rules and a crime; that the...

...), citing, inter alia, Restatement (Second) of Agency §§ 8, 27; see Apex Financial Corp. v. Decker, 245 Pa. Super. 439, 369 A.2d 483 (1976). With respect to "agency by estoppel," the Pennsylvania Supreme Court has stated: "Agency by estoppel is defined in section 8B.... Appellant relies, inter alia, upon § 267 of the Restatement (Second) of Agency (1958), which provides as follows: One who represents..., Chief Judge Lord predicted that the Supreme Court of Pennsylvania would adopt § 267 of the Restatement (second) of Agency, stating as follows: The...

...of the Restatement (Second) of Agency §§ 228, 229, and 245. The Delaware Supreme Court has cited the Restatement (Second) of Agency when considering appeals involving the scope of employment, but has never explicitly adopted any section in.... Draper, 181 A.2d 569 (quoting Restatement (Second) of Agency § 245 (1958)). Hecksher, 115 A.3d at 1203 (citing Draper, 181 A.2d at 569) (internal quotations omitted). -------- In summary, the Supreme Court of Delaware's application of the scope of employment test in cases involving serious crimes was clarified in Doe and the clarification was reiterated in Hecksher. Section 228...1203 n.63 (quoting Restatement (Second) of Agency § 229(2)(f)). The Delaware Supreme Court has also considered § 245...