Asked by Victoria Hanna on Mar 10, 2024
Verified
While making a delivery, Elliott, a delivery driver for Sira's Sandwiches, went through the drive through at a local restaurant to get a cup of coffee and bumped into the car in front of him resulting in some damage to the car's bumper. Which of the following is true regarding the liability of Sira's Sandwiches for the damage to the car?
A) As a matter of law, Sira's Sandwiches is not liable because Elliott was acting on his own behalf.
B) As a matter of law, Sira's Sandwiches is not liable because only property damage is involved.
C) As a matter of law, Sira's Sandwiches is liable because a company is liable for any torts committed by an employee during working hours.
D) Whether or not Sira's Sandwiches is liable depends on whether Elliott's acts are seen as substantial departure from his work.
E) Whether or not Sira's Sandwiches is liable depends on how long Elliott has worked for the company.
Substantial Departure
A significant deviation or movement away from a previously set course or standard, often used in legal or regulatory contexts.
- Understand the effects that an agent's actions have on a principal's responsibility, especially pertaining to torts and contracts.
- Comprehend the doctrine of respondeat superior and its implementation.
Verified Answer
CC
corinthian carrollMar 10, 2024
Final Answer :
D
Explanation :
The liability of Sira's Sandwiches hinges on the principle of vicarious liability, which depends on whether the employee's actions were within the scope of employment. Getting coffee could be seen as a minor detour (not a substantial departure) during work, so the company's liability depends on the specifics of the situation, such as whether Elliott's coffee run was considered a part of his work duties or a significant deviation from them.
Learning Objectives
- Understand the effects that an agent's actions have on a principal's responsibility, especially pertaining to torts and contracts.
- Comprehend the doctrine of respondeat superior and its implementation.
Related questions
Daphne Was Working for Barrett at His Jewelry Store ...
Which of the Following Is True Regarding Whether Sakura Is ...
Agents Who Go Beyond Their Authority When the Principal Is ...
Set Forth the Rationale Behind the Doctrine of Respondeat Superior ...
An Agent May Be Liable on Contracts of Its Principal ...