respondeat superior doctrine (Delaware) · Go Syfert
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respondeat superior doctrine in Delaware

14 Delaware opinions name it 3 courts 1951–2025 3 in the last five years

The cases below were cited by Delaware courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

CaseFollowedCited
Fisher v. Townsends, Inc.green
del · 1997 · cited in 4 Delaware opinions naming this issue, 1998–2025
2 sentences

2025Defendants’ theories can be summarized as: (i) a negligence claim for performance within the contract; and (ii) contractual and quasicontractual claims against Third-Party Defendants as independent parties to the Agreement; and (iii) “extracontractual” claims under negligence, contractual, and quasicontractual theories against Third-Party Defendants based on their actions which fall outside the scope of the Agreement. 5 A. Negligence Vicarious liability, as it applies to an employer-employee relationship, arises through the doctrine of respondeat superior.4 Under the doctrine of respondeat sup

2025Defendants’ theories can be summarized as: (i) a negligence claim for performance within the contract; and (ii) contractual and quasicontractual claims against Third-Party Defendants as independent parties to the Agreement; and (iii) “extracontractual” claims under negligence, contractual, and quasicontractual theories against Third-Party Defendants based on their actions which fall outside the scope of the Agreement. 5 A. Negligence Vicarious liability, as it applies to an employer-employee relationship, arises through the doctrine of respondeat superior.4 Under the doctrine of respondeat sup

44
Malpiede v. Townsongreen
del · 2001 · cited in 2 Delaware opinions naming this issue, 2025–2025
2 sentences

2025Inc. S’holders Litig., 2018 WL 5018535 , at *50 (Del. 190 Ch. Oct. 16, 2018)). 191 See Malpiede v. Townson, 780 A.2d 1075, 1097 (Del. 2001) (explaining that “the third party [must] act with the knowledge that the conduct advocated or assisted constitutes such a breach” to give rise to aiding and abetting liability); Arnold v. Soc’y for Sav.

2025Inc. S’holders Litig., 2018 WL 5018535 , at *50 (Del. 190 Ch. Oct. 16, 2018)). 191 See Malpiede v. Townson, 780 A.2d 1075, 1097 (Del. 2001) (explaining that “the third party [must] act with the knowledge that the conduct advocated or assisted constitutes such a breach” to give rise to aiding and abetting liability); Arnold v. Soc’y for Sav.

22
Aronson v. Lewisyellow
del · 1984 · cited in 2 Delaware opinions naming this issue, 2018–2019
2 sentences

2019The notion that a stockholder could become a fiduciary by attribution (analogous to the result under the tort law doctrine of respondeat superior) would work an unprecedented, revolutionary change in our law, and would give investors in a corporation reason for second thoughts about seeking representation on the corporation’s board of directors.”); In re Sea-Land Corp. S’holders Litig., 1987 WL 11283 , at *5 (Del. Ch. May 22, 1987) (“Even if [the alleged controlling stockholder] had caused its nominees to be elected to the Sea-Land board, . . . that fact, without more, does not establish actua

2018Cf. Technicolor, 663 A.2d at 1170 n.25; El Paso, 41 A.3d at 443 (“Worst of all was that the supposedly well-motivated and expert CEO entrusted with all the key price negotiations kept from the Board his interest in pursuing a management buy-out of the Company’s E & P business.”). 567 Cf. Khanna v. McMinn, 2006 WL 1388744 , at *28 (Del. Ch. May 9, 2006) (declining to impute liability to stockholder who appointed director under doctrine of respondeat superior”); Emerson Radio Corp. v. International Jensen Inc., 1996 WL 483086 , at *20 n.18 (Del. Ch. Aug. 20, 1996) (declining to impose fiduciary

22
Greco v. University of Delawarered
del · 1993 · cited in 2 Delaware opinions naming this issue, 2015–2017
2 sentences

2017If an employee, who is a licensed health care provider, is not liable to the plaintiff for medical negligence, neither is the employer.21 20 619 A.2d 900 (Del. 1993). 21 Id. at 903 . 8 In this case, Plaintiffs suggest that their claim is not a direct one of negligence against Nurse Szymanski, but rather a direct claim against AAW, thereby avoiding the respondeat superior doctrine.

2017If an employee, who is a licensed health care provider, is not liable to the plaintiff for medical negligence, neither is the employer.21 20 619 A.2d 900 (Del. 1993). 21 Id. at 903 . 8 In this case, Plaintiffs suggest that their claim is not a direct one of negligence against Nurse Szymanski, but rather a direct claim against AAW, thereby avoiding the respondeat superior doctrine.

12
Hecksher v. Fairwinds Baptist Church, Inc.green
del · 2015 · cited in 1 Delaware opinions naming this issue, 2025–2025
1 sentence

2025Defendants’ theories can be summarized as: (i) a negligence claim for performance within the contract; and (ii) contractual and quasicontractual claims against Third-Party Defendants as independent parties to the Agreement; and (iii) “extracontractual” claims under negligence, contractual, and quasicontractual theories against Third-Party Defendants based on their actions which fall outside the scope of the Agreement. 5 A. Negligence Vicarious liability, as it applies to an employer-employee relationship, arises through the doctrine of respondeat superior.4 Under the doctrine of respondeat sup

11
Verrastro v. Bayhospitalists, LLCgreen
del · 2019 · cited in 1 Delaware opinions naming this issue, 2025–2025
1 sentence

2025Defendants’ theories can be summarized as: (i) a negligence claim for performance within the contract; and (ii) contractual and quasicontractual claims against Third-Party Defendants as independent parties to the Agreement; and (iii) “extracontractual” claims under negligence, contractual, and quasicontractual theories against Third-Party Defendants based on their actions which fall outside the scope of the Agreement. 5 A. Negligence Vicarious liability, as it applies to an employer-employee relationship, arises through the doctrine of respondeat superior.4 Under the doctrine of respondeat sup

11
Kaplan v. Centex Corporationgreen
delch · 1971 · cited in 1 Delaware opinions naming this issue, 2019–2019
1 sentence

2019The notion that a stockholder could become a fiduciary by attribution (analogous to the result under the tort law doctrine of respondeat superior) would work an unprecedented, revolutionary change in our law, and would give investors in a corporation reason for second thoughts about seeking representation on the corporation’s board of directors.”); In re Sea-Land Corp. S’holders Litig., 1987 WL 11283 , at *5 (Del. Ch. May 22, 1987) (“Even if [the alleged controlling stockholder] had caused its nominees to be elected to the Sea-Land board, . . . that fact, without more, does not establish actua

11
Maguire v. Stategreen
mont · 1992 · cited in 1 Delaware opinions naming this issue, 2018–2018
2 sentences

2018We defer, as we should, to the General Assembly, which is uniquely situated to effectively examine the empirical data, hold public hearings, debate the social and economic issues implicated, and then decide whether Delaware should recognize dram shop liability."); Justice v. Gatchell , 325 A.2d 97 , 102 (Del. 1974) ("The General Assembly has access to relevant information bearing upon these matters more significant than any afforded this Court, bound as it is by the limitations of the record of this judicial proceeding."); see also Maguire v. State , 254 Mont. 178 , 835 P.2d 755 , 759 (1992) (

2018We defer, as we should, to the General Assembly, which is uniquely situated to effectively examine the empirical data, hold public hearings, debate the social and economic issues implicated, and then decide whether Delaware should recognize dram shop liability."); Justice v. Gatchell , 325 A.2d 97 , 102 (Del. 1974) ("The General Assembly has access to relevant information bearing upon these matters more significant than any afforded this Court, bound as it is by the limitations of the record of this judicial proceeding."); see also Maguire v. State , 254 Mont. 178 , 835 P.2d 755 , 759 (1992) (

11
Justice Ex Rel. Justice v. Gatchellgreen
del · 1974 · cited in 1 Delaware opinions naming this issue, 2018–2018
1 sentence

2018We defer, as we should, to the General Assembly, which is uniquely situated to effectively examine the empirical data, hold public hearings, debate the social and economic issues implicated, and then decide whether Delaware should recognize dram shop liability."); Justice v. Gatchell , 325 A.2d 97 , 102 (Del. 1974) ("The General Assembly has access to relevant information bearing upon these matters more significant than any afforded this Court, bound as it is by the limitations of the record of this judicial proceeding."); see also Maguire v. State , 254 Mont. 178 , 835 P.2d 755 , 759 (1992) (

11
In Re El Paso Corporation Shareholder Litigationgreen
delch · 2012 · cited in 1 Delaware opinions naming this issue, 2018–2018
1 sentence

2018Cf. Technicolor, 663 A.2d at 1170 n.25; El Paso, 41 A.3d at 443 (“Worst of all was that the supposedly well-motivated and expert CEO entrusted with all the key price negotiations kept from the Board his interest in pursuing a management buy-out of the Company’s E & P business.”). 567 Cf. Khanna v. McMinn, 2006 WL 1388744 , at *28 (Del. Ch. May 9, 2006) (declining to impute liability to stockholder who appointed director under doctrine of respondeat superior”); Emerson Radio Corp. v. International Jensen Inc., 1996 WL 483086 , at *20 n.18 (Del. Ch. Aug. 20, 1996) (declining to impose fiduciary

11
Mazer v. Security Insurance Group & Medical Protective Co.green
ca3 · 1975 · cited in 1 Delaware opinions naming this issue, 1994–1994
1 sentence

1994Id. at 1339-40.

11
Reyes v. Kent General Hospital, Inc.green
del · 1984 · cited in 1 Delaware opinions naming this issue, 1993–1993
2 sentences

1993Id.

1993Reyes v. Kent General Hospital, Inc., Del. Supr., 487 A.2d 1142, 1144 (1984).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Delaware. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Niece v. Elmview Group Home green
wash · 1997
2 sentences

2018We defer, as we should, to the General Assembly, which is uniquely situated to effectively examine the empirical data, hold public hearings, debate the social and economic issues implicated, and then decide whether Delaware should recognize dram shop liability."); Justice v. Gatchell , 325 A.2d 97 , 102 (Del. 1974) ("The General Assembly has access to relevant information bearing upon these matters more significant than any afforded this Court, bound as it is by the limitations of the record of this judicial proceeding."); see also Maguire v. State , 254 Mont. 178 , 835 P.2d 755 , 759 (1992) (

2018We defer, as we should, to the General Assembly, which is uniquely situated to effectively examine the empirical data, hold public hearings, debate the social and economic issues implicated, and then decide whether Delaware should recognize dram shop liability."); Justice v. Gatchell , 325 A.2d 97 , 102 (Del. 1974) ("The General Assembly has access to relevant information bearing upon these matters more significant than any afforded this Court, bound as it is by the limitations of the record of this judicial proceeding."); see also Maguire v. State , 254 Mont. 178 , 835 P.2d 755 , 759 (1992) (

12018–2018
Cinerama, Inc. v. Technicolor, Inc. green
del · 1995
1 sentence

2018Cf. Technicolor, 663 A.2d at 1170 n.25; El Paso, 41 A.3d at 443 (“Worst of all was that the supposedly well-motivated and expert CEO entrusted with all the key price negotiations kept from the Board his interest in pursuing a management buy-out of the Company’s E & P business.”). 567 Cf. Khanna v. McMinn, 2006 WL 1388744 , at *28 (Del. Ch. May 9, 2006) (declining to impute liability to stockholder who appointed director under doctrine of respondeat superior”); Emerson Radio Corp. v. International Jensen Inc., 1996 WL 483086 , at *20 n.18 (Del. Ch. Aug. 20, 1996) (declining to impose fiduciary

12018–2018
Bratton v. Calkins green
washctapp · 1994
2 sentences

2018We defer, as we should, to the General Assembly, which is uniquely situated to effectively examine the empirical data, hold public hearings, debate the social and economic issues implicated, and then decide whether Delaware should recognize dram shop liability."); Justice v. Gatchell , 325 A.2d 97 , 102 (Del. 1974) ("The General Assembly has access to relevant information bearing upon these matters more significant than any afforded this Court, bound as it is by the limitations of the record of this judicial proceeding."); see also Maguire v. State , 254 Mont. 178 , 835 P.2d 755 , 759 (1992) (

2018We defer, as we should, to the General Assembly, which is uniquely situated to effectively examine the empirical data, hold public hearings, debate the social and economic issues implicated, and then decide whether Delaware should recognize dram shop liability."); Justice v. Gatchell , 325 A.2d 97 , 102 (Del. 1974) ("The General Assembly has access to relevant information bearing upon these matters more significant than any afforded this Court, bound as it is by the limitations of the record of this judicial proceeding."); see also Maguire v. State , 254 Mont. 178 , 835 P.2d 755 , 759 (1992) (

12018–2018
Hallman v. Hallman green
del · 1965
1 sentence

1987Id. [W]e think in principle that there is no reason in law that a husband cannot commit a tort upon the person of his wife.

11987–1987
Hobbs v. Hurley green
me · 1918
2 sentences

1951Hobbs v. Hurley, 117 Me. 449 , 104 A. 815 , is also cited as standing for this proposition but it involves the doctrine of respondeat superior and I feel that it should be classed as an indemnity case. 3 Despite the natural inclination to seize upon almost any acceptable excuse for departing from the harsh English rule, I am, nevertheless, of the opinion that under facts such as these, the majority rule in this country was the same as in England.

1951Hobbs v. Hurley, 117 Me. 449 , 104 A. 815 , is also cited as standing for this proposition but it involves the doctrine of respondeat superior and I feel that it should be classed as an indemnity case. 3 Despite the natural inclination to seize upon almost any acceptable excuse for departing from the harsh English rule, I am, nevertheless, of the opinion that under facts such as these, the majority rule in this country was the same as in England.

11951–1951

Where else courts name it

NY 405 (1876–2026) CA 303 (1889–2026) IL 250 (1866–2026) OH 221 (1883–2026) TX 194 (1876–2026) GA 169 (1928–2026) NC 121 (1902–2026) AL 107 (1914–2025) FL 105 (1920–2026) MO 99 (1874–2025) LA 96 (1927–2025) IN 89 (1864–2026) MI 81 (1911–2026) NJ 73 (1884–2026) AZ 68 (1931–2026) VA 67 (1914–2026) WA 66 (1902–2026) TN 65 (1924–2025) CT 64 (1988–2026) MD 53 (1921–2024) PA 47 (1891–2026) MA 45 (1916–2024) OR 42 (1902–2017) WI 42 (1922–2026) NM 41 (1939–2026) OK 39 (1912–2020) MN 38 (1897–2014) CO 37 (1928–2021) MS 36 (1884–2025) UT 32 (1926–2026) WV 32 (1898–2025) KS 31 (1909–2026) NE 29 (1894–2025) KY 27 (1928–2025) IA 26 (1903–2026) DC 24 (1945–2023) SC 21 (1923–2026) VT 19 (1890–2026) ID 17 (1928–2022) HI 16 (1957–2026) AR 16 (1906–2025) DE 14 (1951–2025) MT 14 (1932–2024) ND 14 (1919–2018) SD 12 (1932–2021) NH 12 (1932–2023) WY 10 (1936–2020) NV 9 (1978–2014) ME 8 (1923–2021) RI 8 (1949–2006) AK 7 (1971–2023) VI 4 (1998–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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