Who must the wrongdoer be in the context of vicarious liability?

In the context of vicarious liability, the wrongdoer must be an employee acting within the scope of their employment. Vicarious liability is a legal doctrine that holds an employer or principal legally responsible for the negligent actions of an employee or agent when these actions occur in the course of their work duties. This means that if an employee causes harm to another person while performing their job, the employer can be held liable for that harm because the employee was acting on behalf of the employer.

When considering the other options, an independent contractor or an independent agent typically does not fall under the same vicarious liability rules as an employee. Contractors and agents operate with a degree of independence and, while their work may be directed by the business, the business is generally not held liable for their negligent actions unless specific legal criteria are met. The business owner themselves usually cannot be held liable through vicarious liability for their own negligent acts unless they are directly involved in the wrongdoing. Therefore, only actions taken by employees within the scope of their job duties are relevant in the vicarious liability context.