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Able Was Employed as a Security Guard for Seep Corporation

Question 42

Multiple Choice

Able was employed as a security guard for Seep Corporation. Able's job was to guard a fenced-in area and to use force to keep intruders from climbing the fence to enter the plant. His working hours were from 8:00
A) Seep's is directly liable because Able was an employee of the corporation at the time of the incident.


A) M. to 5:00 P.M. At about 11:00 P.M. one evening, Able drove past his place of employment. He saw a teenager named Johnny climbing the outside of the fence that he guarded during the day. Angered by this violation of Seep's property rights and by the fact that Johnny had called him a "potbellied moron" only three days earlier, Able stopped his car, ran up to the fence, pulled Johnny off of it, and beat him up. Johnny sues Seep Corporation for Able's assault and battery (both intentional torts) . Which of the following is most likely to be the court's verdict?
B) Seep's is not liable because Able didn't act within the scope of his employment.
C) Seep's is liable under the doctrine of respondeat superior, since Able was an employee.
D) Seep's is not liable for the intentional torts committed by its employees.

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