Comprehension

Consider the following principles and respond to the question.
I. Principle 1: Vicarious liability is a doctrine holding one person strictly liable for the wrong of another, without regard to fault. 
II. Principle 2: An employer may be vicariously liable for the employee’s action if the employee’s act was an outgrowth of his employment, inherent in the working environment, typical of or broadly incidental to the employer’s business, or, in a general way, foreseeable from his duties. 
III. Principle 3: No vicarious liability on employers for the intentional wrongs by employees unless the employee’s actions were done, at least in part, to serve the interest of the employer.

Question: 1

Which of the following will NOT result in vicarious liability?

  • A, working as delivery driver for Flipkart, runs over Mr. X’s foot while on a personal errand on a weekend in his own car.
  • A, working as delivery driver for Flipkart, runs over Mr. X’s foot on his way to stop at the local coffee shop between deliveries, needing a caffeine boost to make it through the day.
  • A, working as delivery driver for Flipkart, runs over Mr. X’s foot on his way home from work in his truck, which the company allows drivers to take home each work night.
  • All the above.
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The Correct Option is A

Solution and Explanation

The correct option is (A): A, working as delivery driver for Flipkart, runs over Mr. X’s foot while on a personal errand on a weekend in his own car.
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Question: 2

Which of the following may result in vicarious liability?

  • A collision when the driver using the employer’s vehicle for the purpose of visiting family for the holidays.
  • The driver causes injury when he is driving his truck between deliveries and intentionally runs over a man, he believes to be his wife’s lover.
  • The driver causes injury when he intentionally hits a car in front of him, as the car in front of him was moving too slowly while the driver was trying to make deliveries on time.
  • All the above.
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The Correct Option is A

Solution and Explanation

The correct option is (A): A collision when the driver using the employer’s vehicle for the purpose of visiting family for the holidays.
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Question: 3

An unknown person knocks down a few hundred jars of baby food in the supermarket. Many of the jars shattered, making a big, slippery mess on the floor. Laila, the supermarket manager, closes down the aisle with bright orange cones and orders all available stock personnel to clean the mess. Arun, who is not paying attention while shopping in the supermarket, wanders past the orange cones, slips, and breaks his arm. Is the supermarket vicariously liable?

  • Yes, as Laila is an employee of the supermarket
  • Yes, as Arun sustained injuries at the supermarket.
  • No, as Arun was also at fault.
  • No, as Laila did no wrong
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The Correct Option is D

Solution and Explanation

The correct option is (D): No, as Laila did no wrong
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Question: 4

Phogat works as a bouncer at the Hot Spot, a local nightclub. One night Dash arrives outside the Hot Spot with a group of his friends. Dash is intoxicated and acting obnoxiously, hooting at the women going in and out of the club. Dash’s behaviour annoys Phogat, who asked Dash twice to stop acting in this way, but Dash ignored him on both occasions. Phogat then punches Dash in the face, breaking his nose. Dash sues the Hot Spot and Phogat, claiming that the Hot Spot is vicariously liable. Is the Hot Spot vicariously liable for the actions of Phogat?

  • No, because Phogat committed an intentional wrong.
  • No, because there is no evidence the Hot Spot was negligent in supervising Phogat.
  • Yes, because employers are always liable for the torts of their employees.
  • Yes, because such action by a bouncer may at times use force to prevent patrons from misbehaving.
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The Correct Option is D

Solution and Explanation

The correct option is (D): Yes, because such action by a bouncer may at times use force to prevent patrons from misbehaving.
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