Cengage Advantage Books: Business Law 9th Edition by Arnold Goldman ,William Sigismond

Exercise 17

Clarke and Manko, both agents of Reserve Insurance Company, attended a convention relating to their work, although their attendance was not required by the company. While at the convention, Clarke and Manko met Jones, a former agent of Reserve Insurance. Following one of the convention meetings attended by all three, a fight developed between Clarke and Jones over a book, which Jones contended that Clarke had not returned to him. Jones, who was injured in the fight, sued the Reserve Insurance Company, claiming that the company was liable for the tort of assault and battery committed by one of its agents, Clarke, who was acting in the scope of the agency. Can the Reserve Insurance Company be held responsible for Clarke's behavior? (Jones v. Reserve Insurance Co., Ariz. 253 N.E.2d 849)