Saul is a sales representative for the Incman Corporation.Saul has a terrible driving record and has had his driver's license revoked, but nevertheless he continues to drive the company car for his job.One day he drives too fast for conditions, goes through a red light, and strikes a pedestrian.The accident happened despite the fact that Saul's supervisor at Incman had repeatedly reprimanded him and advised him to drive more cautiously.Incman:
A)has no liability, because they did not authorize Saul to drive carelessly.
B)has no liability, because Saul's actions were not a tort.
C)is liable even though it did not authorize Saul to drive carelessly, because it employed an improper person as its agent.
D)has no liability, because it has adequately supervised Saul as its agent.

Question

Quizplus · Accepted Answer

Incman is liable because they employed an improper person as their agent. Saul's terrible driving record and revoked license should have disqualified him from driving the company car, but Incman continued to allow him to do so. Additionally, Saul's supervisor's repeated reprimands and advice to drive more cautiously indicate that Incman was aware of Saul's tendency to drive recklessly but failed to take appropriate action. As a result, they are liable for the pedestrian's injuries.

Saul Is a Sales Representative for the Incman Corporation