The law concerning this issue dates back hundreds of years, and is often couched in antiquated terms, of "master" (employer) and "servant" (employee).
In Texas, the legal doctrine of respondeat superior says that a master is liable for the acts of his servant committed within the scope of the servant's authority, in the furtherance of the master's business and for the accomplishment of the object for which the servant is employed. Therefore, if the employee acts outside the scope of his or her authority, the employer will not be held responsible for the employee's acts.
Texas law holds that the test of a master's liability for the negligent acts of his servant is whether on the occasion in question, the master has the right and power to direct and control the servant in the performance of the causal act or omission at the very instance of its occurrence.
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