Question 1

An actor asks an agent to place an order for a couch on the agent's way back to work.This is an instance of ________.

Accepted Answer

A dual-purpose mission involves an errand or task that serves both the interests of the employer and the personal interests of the employee, as in the scenario where an agent is asked to order a couch while also conducting their own work-related tasks.

Question 2

An employee finds out that one of his colleagues dated his girlfriend.The employee acts on this information by assaulting his colleague at work,during work hours.Based on the ________ test,the principal is liable.

Accepted Answer

The incident occurred during work hours and at the workplace, making it work-related. Therefore, the employer (principal) is liable for the actions of their employees during work hours and at the workplace.

Question 3

Under the ________ test,the principal is liable for any intentional torts committed by an agent during working hours on the principal's premises.

Accepted Answer

The question describes a situation in which an agent commits an intentional tort during working hours and on the principal's premises. Under the work-related test, the principal would be held liable for the agent's actions in this scenario. The other answer choices do not apply to this specific situation.

Question 4

Most jurisdictions hold the ________ liable for injuries caused on a dual-purpose mission.

Accepted Answer

Most jurisdictions hold both the principal (who assigns the mission) and the agent (who performs the mission) liable for injuries caused on a dual-purpose mission.

Question 5

________ 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.

Accepted Answer

The answer of ________ is a situation in which an...

Question 6

Which of the following is an intentional tort?

Accepted Answer

Intentional tort refers to a deliberate act that causes harm to another person, and fraud is an intentional tort. Negligence and innocent misrepresentation, on the other hand, are not intentional torts. Dual-purpose mission is not a legal term related to intentional torts.

Question 7

What is vicarious liability?

Accepted Answer

Vicarious liability is the legal principle where one party is held responsible for the actions or omissions of another party. In this case, the vicarious liability is imposed on a party without fault or negligence. This means that even if that party did not commit the act itself, it can still be held liable for it.

Question 8

A dual-purpose mission is a situation that occurs when ________.

Accepted Answer

A dual-purpose mission occurs when a principal requests an agent to perform a task or run an errand while the agent is on their own personal business. This can create conflicts of interest and ethical dilemmas for the agent.

Question 9

Dan asks his agent Jude to drop off some medicines at his mother's house.On his way back,Jude decides to have lunch at a diner two blocks from his workplace.While walking back to work,he jaywalks at a green signal on the road,causing a motorcyclist to hit the curb and injure himself while attempting to avoid hitting Jude.Under the concept of ________,Dan is liable for the injuries caused to the motorcyclist.

Accepted Answer

Under the concept of frolic and detour, when an employee deviates from their work duties for personal reasons, their employer may not be held liable for any damages caused in the personal activity. However, if the employee is on a "frolic," meaning a significant departure from their work duties, then the employer may not be responsible. In this scenario, Jude deviated from his work duties to have lunch, which can be considered a minor "detour." Therefore, Dan can be held liable for the injuries caused to the motorcyclist as he was acting within the scope of his employment when he asked Jude to drop off the medicine, and there was no significant departure from the work duties that occurred.

Question 10

Does an agent competing with the principal breach his or her duty of loyalty? What is the proper course of action for the principal in such a case?

Accepted Answer

The answer of Does an agent competing with the principal...

Question 11

Gem's principal asked her to pick up his dry-cleaning on her way to work.After she had picked up the dry-cleaning and was driving to work,Gem knocked over an old man crossing the street because she did not apply the brakes in time.Under the theory of ________,Gem's principal is liable to the injured man.

Accepted Answer

Vicarious liability is the legal doctrine that holds one person responsible for the actions of another person. In this case, Gem's principal asked her to do something as a part of her job, and she was driving for work purposes when the accident occurred. Therefore, Gem's principal could be held vicariously liable for her actions.

Question 12

________ is a rule that says an employer is liable for the tortious conduct of its employees or agents while they are acting within the scope of the employer's authority.

Accepted Answer

Respondeat superior (also known as "vicarious liability") is a legal principle that holds an employer responsible for the actions of its employees or agents while they are performing job-related duties. This principle applies even if the employer did not directly engage in or approve of the wrongful behavior. For example, if an employee of a grocery store negligently spills water on the floor, causing a customer to slip and fall, the store may be held liable for the customer's injuries.

Question 13

Under the ________ test,if the agent committed an intentional tort to promote the principal's business,the principal is liable for any injury caused by the tort.

Accepted Answer

The correct answer is B) motivation. Under the motivation test, a principal can be held liable for the intentional torts of an agent if the torts were committed with the intention to serve or promote the principal's business interests.

Question 14

According to the coming and going rule,what is the liability of the principal for injuries caused by its agents and employees while they are on their way to or from work?

Accepted Answer

The coming and going rule generally states that employers (principals) are not liable for injuries caused by their employees (agents) while they are commuting to or from work, as these actions are considered outside the scope of employment.

Question 15

In which of the following cases is a motivation test used to establish the employee's motive?

Accepted Answer

The answer of In which of the following cases is...

Question 16

Minksine Corporation employs Sandy as its marketing manager.Sandy is driving her sedan to attend a meeting with a client on behalf of her employer.On her way to the meeting,Sandy is involved in an automobile accident that is caused by her negligence.Several people are seriously injured in the accident.Which of the following is true of this case?

Accepted Answer

Sandy was acting within the scope of her employment as the marketing manager for Minksine Corporation at the time of the accident. Therefore, under the legal principle of respondeat superior, the employer (Minksine Corporation) can be held liable for the injuries caused by Sandy's negligence. Sandy may also be held personally liable, but Minksine Corporation can also be held responsible.

Question 17

________ occurs where a principal is liable for an agent's tortious conduct because of the employment contract between the principal and agent,not because the principal was personally at fault.

Accepted Answer

Vicarious liability refers to situations where a principal (such as an employer) may be held liable for the tortious actions of their agent (such as an employee) even if the principal did not personally commit any wrongful act. This liability arises due to the legal relationship between the principal and agent, such as an employment contract, where the agent is acting on behalf of the principal.

Question 18

Fiona works for Open Heart Hospital and lives 10 miles away from her place of work.The hospital has provided her with a car to commute and also pays for its upkeep.If she accidentally injures a person while driving to work in the morning,which of the following would be true?

Accepted Answer

Fiona would be responsible for her negligence as she was the one driving the car at the time of the accident. The fact that Open Heart Hospital provided her with the car and paid for its upkeep does not make them liable for any accidents that occur during her commute to work.

Question 19

Which of the following is true of tort liability for principals and agents?

Accepted Answer

The answer of Which of the following is true of...

Question 20

A ________ occurs when an agent makes an untrue statement that he or she knows is not true.

Accepted Answer

Misrepresentation is a false statement made by an agent that they know is not true. This can include false information about the property or the transaction in question. A partially disclosed agency refers to a situation where the agent represents the seller but does not disclose their identity to the buyer. Respondeat superior is a legal doctrine that holds employers liable for the actions of their employees. Dual-purpose mission refers to a military operation that has both defensive and offensive objectives. None of these choices accurately describe a situation where an agent makes an untrue statement that they know is false.

Quiz 30: Liability of Principals, agents, and Independent Contractors