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Vicarious Liability Advanced 10 Questions

The document presents ten advanced principle-fact based questions regarding vicarious liability, each accompanied by a principle, factual scenario, options, and the correct answer. The scenarios illustrate various situations where employers may or may not be held liable for their employees' actions based on the context of their employment. Key themes include the connection between the employee's actions and their job duties, the nature of the acts, and the employer's prior knowledge of employee behavior.
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0% found this document useful (0 votes)
70 views4 pages

Vicarious Liability Advanced 10 Questions

The document presents ten advanced principle-fact based questions regarding vicarious liability, each accompanied by a principle, factual scenario, options, and the correct answer. The scenarios illustrate various situations where employers may or may not be held liable for their employees' actions based on the context of their employment. Key themes include the connection between the employee's actions and their job duties, the nature of the acts, and the employer's prior knowledge of employee behavior.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

Vicarious Liability - 10 Advanced (Hard-

Level) Principle-Fact Based Questions


1. Q1. Principle: An employer is liable for acts of employees if the wrongful act is closely
connected with the duties of the employment, even if it is done in an excessive,
unauthorized, or improper manner.

Facts: A senior flight attendant, frustrated with a passenger's repeated complaints,


forcibly ejects the passenger before takeoff causing injury. The passenger sues the
airline.

Options:
A) No, because assault is not within the job description.
B) Yes, because the act arose from the performance of employment duties.
C) No, because physical force is never justified.
D) Yes, because the airline failed to train staff properly.

Answer: B) Yes, because the act arose from the performance of employment duties.

2. Q2. Principle: Where an employee acts for their own purposes, but in a way that is
sufficiently connected with their employment, the employer may still be held liable.

Facts: A security guard at a stadium roughs up a fan for taking videos near a VIP zone.
The guard was never authorized to use force unless under clear threat. The fan sues the
stadium authority.

Options:
A) No, because the employee exceeded his authority.
B) Yes, because the act was closely related to his security role.
C) No, because the fan was not violent.
D) Yes, because stadiums are liable for staff negligence.

Answer: B) Yes, because the act was closely related to his security role.

3. Q3. Principle: A master is not liable for the acts of a servant done outside the course of
employment for personal benefit, even if done during work hours.

Facts: A delivery driver uses his vehicle to transport illegal items during his delivery
route and causes an accident. The injured party sues the delivery company.
Options:
A) Yes, because the driver was on duty.
B) No, because the act was for personal criminal gain.
C) Yes, because it occurred on the official route.
D) No, because the accident wasn’t intentional.

Answer: B) No, because the act was for personal criminal gain.

4. Q4. Principle: A company is not liable where an employee's act is so far removed from
their role that it breaks the chain of employment relationship.

Facts: A private tutor employed by a coaching center assaults a student in revenge for a
personal insult posted on social media. The student sues the coaching center.

Options:
A) Yes, because the tutor was their employee.
B) No, because the act was done in personal revenge.
C) Yes, because the incident occurred at the coaching center.
D) No, because the assault wasn’t during teaching.

Answer: B) No, because the act was done in personal revenge.

5. Q5. Principle: A principal may be liable for an agent’s deceit if the agent’s position gave
the agent the opportunity to perpetrate the deceit, even if the principal did not benefit.

Facts: A financial advisor employed by a firm defrauds clients using his access to
internal systems. The clients sue the firm.

Options:
A) Yes, because the fraud was made possible by the job.
B) No, because the firm didn’t instruct the fraud.
C) Yes, because the clients trusted the firm.
D) No, because the advisor was independently registered.

Answer: A) Yes, because the fraud was made possible by the job.

6. Q6. Principle: Vicarious liability may not apply if the tort was committed outside the
employment framework and had no foreseeable link to the job duties.
Facts: A warehouse employee assaults a visitor during a personal political argument.
The visitor sues the company.

Options:
A) Yes, because the assault occurred on company property.
B) No, because the act was unrelated to job functions.
C) Yes, because employers must supervise employees.
D) No, because the visitor provoked the employee.

Answer: B) No, because the act was unrelated to job functions.

7. Q7. Principle: Employers may be liable for intentional torts of employees if the tort was
committed in the course of performing an authorized duty.

Facts: A repossession agent, hired by a loan company, intimidates a defaulter using


threats and forcibly enters the house. The defaulter sues the company.

Options:
A) Yes, because the agent was performing an assigned duty.
B) No, because use of force was unauthorized.
C) Yes, because the agent was hired for collection.
D) No, because entry was illegal.

Answer: A) Yes, because the agent was performing an assigned duty.

8. Q8. Principle: Vicarious liability may extend to cases where the servant's wrongful
conduct was a mode of performing authorized duties, even if unnecessary or excessive.

Facts: A restaurant manager locks a customer in a room for refusing to pay a disputed
bill. The customer sues the restaurant.

Options:
A) Yes, because it was a method of enforcing payment.
B) No, because confinement was illegal.
C) Yes, because restaurants can’t allow unpaid bills.
D) No, because there were alternative remedies.

Answer: A) Yes, because it was a method of enforcing payment.


9. Q9. Principle: An employer may escape liability if the employee acts entirely outside
their work duties in a way that cannot be reasonably foreseen.

Facts: A delivery boy takes a customer’s phone during delivery and later uses it to send
threatening messages. The customer sues the company.

Options:
A) Yes, because the theft happened during delivery.
B) No, because threatening messages were outside the scope of employment.
C) Yes, because customer property was involved.
D) No, because the phone was not damaged.

Answer: B) No, because threatening messages were outside the scope of employment.

10. Q10. Principle: Liability may arise if the employer had prior knowledge of the
employee's dangerous tendencies and failed to take action.

Facts: A ride-sharing company continues employing a driver with a known history of


aggressive behavior. The driver assaults a passenger. The passenger sues the company.

Options:
A) Yes, because the employer had prior knowledge.
B) No, because the act was personal.
C) Yes, because the company profits from rides.
D) No, because the passenger was rude.

Answer: A) Yes, because the employer had prior knowledge.

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