Business Law Unit 7 Assignment Essay

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LS311 Business Law I Unit 7 Assignment Prof: Myra Navarro December 27, 2011 Doctrine of Respondeat The plaintiff could use a theory of negligence and a theory of vicarious liability and Respondeat superior to state that the grocery store is responsible for the actions of its clerk. Respondeant superior generally states that a business will be responsible for the actions of its employees, so long as the employee is acting within the scope of his or her employment. In order to establish an employer's liability for the actions of his employee in a tort action, plaintiff must prove: 1. that a master/servant relationship existed and 2. That the tortious conduct of the employee occurred within the "scope of his employment." The respondent superior also states that restatement sets forth various factors to determine whether unauthorized conduct is "so similar to or incidental to the conduct authorized as to be within the scope of employment." Torts Tort law protects a variety of injuries and provides remedies for them. Under tort law, an injured party can bring a civil lawsuit to seek compensation for a wrong done to the party or the party’s property. However in this scenario the plaintiff would probably use an Unintentional Tort (Negligence) a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions. Negligence is the omission to do something which a reasonable man would do, or something which a prudent and reasonable man would not do. Defenses In this particular scenario, the employer's best defense is that the employee's actions are outside the scope of the employee's duties. Indeed, the employer can likely state the company's policy is to call 911 in the event of an emergency, and accordingly, the employee's actions are explicitly unauthorized and constitute a "frolic". In tort law: of an
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