Asked by Gabrielle Monique on May 05, 2024

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Which of the following is true regarding the rights of an employer who is held liable and pays a third party not because of the employer's negligence,but under the doctrine of respondeat superior for the negligence of an employee?

A) The employer has no right to receive any reimbursement from the negligent employee.
B) The employer has the right to recover from the negligent employee one-half of any amount paid to the third party.
C) The employer has a right of indemnification from the negligent employee.
D) The employer can recover from the negligent employee any amount paid to the third party,but only if it can be shown that the employee's negligence was related to the violation of a statute.
E) The employer can recover from the negligent employee one-half of any amount paid to the third party,but only if it can be shown that the employee's negligence was related to the violation of a statute.

Indemnification

A contractual obligation in which one party agrees to compensate another for any harm or loss that has occurred or might occur due to a specified event or action.

Negligent Employee

An employee who fails to exercise the degree of care considered reasonable under the circumstances, resulting in harm or loss.

Respondeat Superior

A legal doctrine holding an employer or principal legally responsible for the wrongful actions of an employee or agent, if such actions occur within the scope of employment or representation.

  • Understand the circumstances under which an employer or principal can be held liable for an agent's or employee's actions.
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EF
Emily FesmireMay 12, 2024
Final Answer :
C
Explanation :
If the third party is able to establish employee negligence such that the employer is liable,the employer has the right to recover from the employee any damages he paid to the third party as a result of the employee's negligence.This right to recover damages is referred to as the right of indemnification.