Asked by Marco Bianchini on Jun 26, 2024
Verified
Abel was employed as a security guard for Seep Corporation.Abel'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.M.to 5:00 P.M.At about 11:00 P.M.one evening,Abel 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,Abel stopped his car,ran up to the fence,pulled Johnny off of it,and beat him up.Johnny sues Seep Corporation for Abel's assault and battery (both intentional torts) .Which of the following is most likely to be the court's verdict?
A) Seep's is directly liable because Abel was an employee of the corporation at the time of the incident.
B) Seep's is not liable because Abel didn't act within the scope of his employment.
C) Seep's is liable under the doctrine of respondeat superior,since Abel was an employee.
D) Seep's is not liable for the intentional torts committed by its employees.
Assault And Battery
Legal terms where assault refers to the threat of physical harm, and battery refers to the actual physical impact on another person without their consent.
Intentional Torts
Deliberate acts committed by individuals or entities that cause harm or damage to others, leading to civil liability.
Scope Of Employment
Scope of Employment encompasses the range of activities and duties an employee is authorized to perform as part of their job and for which an employer is responsible.
- Appreciate the crucial importance of the employment scope in the attribution of liability and how intentional behaviors modify this context.
Verified Answer
ND
Nikhil DhingraJun 30, 2024
Final Answer :
B
Explanation :
Most courts find that an employee's conduct is within the scope of his employment if it occurred substantially within the authorized time period.This is the employee's assigned time of work.Beyond this,there is an extra period of time during which the employment may continue.For instance,a security guard whose regular quitting time is 5:00 probably meets the time test if he unjustifiably injures an intruder at 5:15.Doing the same thing three hours later,however,would probably put the guard outside the scope of employment.
Learning Objectives
- Appreciate the crucial importance of the employment scope in the attribution of liability and how intentional behaviors modify this context.