Jack Machinery Limited is a clothing company. Jake is an employee of the company. Part of the work of Jake includes attending at the home of purchasers to repair machines purchased directly from Jack Machinery and still under warranty. Jake is due to attend at the home of Mary to repair a machine purchased by Mary. He cannot make it and so he asks a friend, Mike, to attend for him. Mike is not an employee of Jack Machinery Limited. While at the home of Mary, Mike gets into an argument with Mary and during the course of the argument slaps Mary. Can Mary sue Jack Machinery Limited for assault and battery?

Question

Quizplus · Accepted Answer

Mary cannot sue Jack Machinery Limited for assault and battery because Mike is not an employee or authorized representative of the company. Jack Machinery Limited is not liable for the actions of an independent third party like Mike, who was not acting within the scope of employment or under the company's direction.

Jack Machinery Limited Is a Clothing Company