Memo

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  • Topic: Tort law, Respondeat superior, Tort
  • Pages : 3 (682 words )
  • Download(s) : 44
  • Published : December 3, 2012
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Kaplan University
Negligence Scenario

Part 1:
1. Vicarious liability is the liability from one person to another with a special relationship; typically an employer/employee relationship.

2. Respondeat superior is a Latin phrase that translates to “Let the master answer”. It means that an employer is responsible for any harm done to the employee while they are working within their working scope. Here, the employer has vicarious liability.

3. Coming and going rule is when an employee commits a tort when going or coming to work.

4. Frolic and detour is when the employee commits a tort outside of the scope of work. If an employee gets in some type of incident where negligence occurs, even while performing work before or after, the employer is then not responsible for negligence in such case.

Part 2:

Issue
There are two issues in the scenario given; First, is John responsible for the collision with the motorcyclist? Second, is AAA Auto Dealers responsible for John’s negligence?

Rule
Applicable rules for this scenario are:
* Workers Compensation Act
* Coming and Going Rule

Analysis
John Stokley is an employee of an auto dealership, AAA Auto Dealers. He often has to travel as many as 150 miles for his employment. AAA Auto Dealers reimburses John of his traveling costs and expenses. He also has a dealer car that the company gives him to drive during his travels. It is first important to determine if John was negligent in the situation. The hypothetical was not specific enough as to what happened that caused the collision. If he had been drinking and intoxicated when the accident occurred, he would definitely be responsible and therefore liable and negligent in this scenario. If that was also the case, AAA Auto Dealers would not be responsible because of his blatant negligence. I am going to assume that it was John’s fault as the negligent party in this situation but not with the intentions of harming the motorcyclist....
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