Roger Playlist #1 “Leaving California” aka “Hitting the Road” aka “Snacks Are Important‚ But Not Quite as Important as Tunes” Song Title Artist “Going to California” Led Zeppelin “Drive Away My Heart” Ida Maria “California in Popular Song” The Lucksmiths “I See You” Mika “Travel Song” Someone Still Loves You‚ Boris Yeltsin “Miss California” Jack’s Mannequin “The General Specific” Band of Horses “I’m Movin’ Out (Anthony’s Song)” Billy Joel “Life in the
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Frolic is the act of an agent going off on personal business not related to the business of the principal. Detour occurs when the agent travels so far from his or her assigned duties that it is not reasonable to expect the principal to know of the detour. Frolic and detour is a situation in which an agent does something during the course of his or her employment to further his or her own interests rather than the principal’s (Cheeseman‚ 2010). Robert was on a frolic and detour at the
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To: Senior Attorney From: Paralegal Re: Vicarious Liability John Stokely is responsible for injuring the motorcyclist while driving a vehicle from AAA Auto Dealers. Employers are vicariously liable under the respondeat superior doctrine. In the respondeat superior doctrine‚ in most cases‚ an employer is responsible for the actions of employees performed within the scope of employment. John Stokely used the company’s vehicle for personal reasons‚ regardless of what they were‚ and negligently
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If she did not stop‚ she never would have had an accident. This is commonly referred to as frolic and detour. Frolic and detour‚ according to Henry Cheeseman (2013)‚ occur when an agent runs personal errands while still working. However if the deviation was minor‚ the principal (Fast as We Can Delivery)‚ is liable for the injuries caused by the agent (p. 504)
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* Respondeat Superior * If an employee is within the course and scope of his employment is negligent‚ both thte employee and the employer will be liable. * Sue just employee: F the employee has adequate coverage; and the employee is liked in the community * Sue just the Employer: Disliked Employer‚ and sympathetic employee that you do not want in the court room. * Consideration that the judges take on * Ex: Hypo – Runner is in the course of business
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Factual Summary As per the transcript‚ Coleman works for Software Inc.‚ a Delaware based corporation that sells security equipment to businesses and bars. Coleman’s duties include traveling to prospective clients and meeting with representatives of the businesses in their sales division. During a sales trip to Smalltown‚ Colorado in March 2008‚ Coleman wanted to buy an anniversary present for his wife. Coleman went to the mall to buy the present. While at the mall‚ Coleman saw a ring that he
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requested or authorized by the principal A principal has the duty to oversee the work of it agents. The principle of negligence will hold a principal accountable although they are not the one committing the act. Our text page 474 refers to frolic and detour as a situation in which the Agents does things to benefit themselves rather than the principal. In this situation the agent becomes personally liable. Johnson was gainfully employed by E F Hutton and was acting as an agent of
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LA110 Torts and Litigation I Week 4 Homework Assignment Part 2 Assignment: Answer all questions in paragraph format. Chapter 9 page 143: Review Questions 1 - 15 1. A vicarious liability is one person or a third party‚ may be found liable for the act of another or shares liability with the actor. 2. Imputed negligence is places upon one person responsibility for the negligence of another. 3. A respondent superior is a master liable in certain circumstances for the wrongful acts of his
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NEGLIGENCE I: The legal issue here is whether Defendant is negligent towards Plaintiff R: To prove negligence‚ P must prove 3 elements: (1) duty of care; (2) breach of duty of care; (3) causation &remoteness. I. DUTY OF CARE I: Prove physical injury/ not (Neither his body nor Properties were damaged) - Therefore‚ the legal issue is whether D owed P a DOC for... II. BREACH OF the DUTY OF CARE: I: The legal issue is whether D failed to meet the standard of care to P R: A D has breached
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Week 3 IRAC Assignment Micah Flores LAW/421 January 7‚ 2014 Dr. Mark L. Pugatch‚ BS‚ MBA‚ JD Week 3 IRAC Assignment Issue: Has there been a violation of Li’s Constitutional rights? Have there been any tort offenses committed? Whom may Li/Li’s parents file an action against in order to achieve a deep pockets recovery? Rules: Li Intentional infliction of emotional distress False imprisonment Negligence Li’s Parents Respondeat Superior Scienter Mr. Billups Assumption of risk
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