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CASE 53O'Shea V

Question 51

Multiple Choice

CASE 5.3O'Shea v.Welch (2003) involved a question of whether Welch,an employee,was acting within the scope of his employment when he struck O'Shea's car.How did the court find and why?

A) The court found that as a matter of law the employee was not acting within the scope of his employment because he was involved in a frolic of his own.
B) The court found that as a matter of law the employee was not acting within the scope of his employment because he was involved in a detour.
C) The court found that as a matter of law the employee was acting within the scope of his employment because he was involved in only a detour, not a frolic on his own.
D) The court found that the jury should determine whether the employee was acting within the scope of his employment during the time period at issue.

Correct Answer: