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Which of the Following Is True About the Tests Used

Question 106

Multiple Choice

Which of the following is true about the tests used to determine whether a principal is responsible for the intentional torts of his agent?


A) The "work-related" test and the "motivation" test are two names for the same test.
B) In most states, the plaintiff can choose which test to use.
C) Application of the "work-related" test will result in employer liability more frequently than through use of the "motivation" test.
D) Under either test, the plaintiff must also prove that the agency was fully disclosed in order to recover.
E) Application of the "motivation" test will result in employer liability more frequently than through use of the "work-related" test.

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