One day, between deliveries and in a company vehicle, Dave decides to get lunch. While leaving the parking lot at Big Burrito Bistro, the favorite lunch spot for most Empire Courier employees, Dave negligently causes a car accident with another vehicle, resulting in injuries to Victor, the driver of the other car. As Dave and Victor are waiting on the side of the road for the police to arrive, Victor comments to Dave, “Oh, you drive for Empire Courier Service. It doesn’t surprise me that Empire hires bad drivers because their service stinks, and their prices are too high!” Dave is so offended that Victor would insult his employer’s professional reputation that he punches Victor in the face, causing Victor to suffer even more injuries. Empire Courier Service does not, as a matter of policy, do criminal background checks on its employees.
Considering the legal principles discussed in Chapter 20, explain who is liable for Dave’s negligence for causing the car accident, and explain who is liable for Dave’s intentional tort for punching Victor. Provide your answers in a case analysis of a minimum of 500 words. Cite any direct quotes or paraphrased material from outside sources. Use APA format.
Answer preview
Based on the legal principles, Dave’s employer, Emperor Courier Services is liable for Dave’s conduct since the company has the responsibility of ensuring that it recruits competent and responsible drivers. In the legal principles, there is the law of agency which states that the principle is responsible for giving legal authority to an agent to act or perform business on behalf of the principle (Gregory, 2001). Such a relation is identified as the agency relationship. In this case, Emperor Courier Services is the principle and their employer Dave is their agent. According to the law of agency, a principle is usually responsible for the torts of his/her agent. Liabilities are extended to the principles since they have the ostensible authority towards their agents. Therefore, based on the case scenario, any misconduct of Dave; the company is responsible for the liability issues of the agent. With these facts, the company and the driver should be held accountable for the negligence and intentional misconducts on another person.
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