Responeant Superior

ResearchRespondeat SuperiorNameProfessorSchoolDateF good turns : Vinny was employed as a grocery clerk in the grocery store of Oscar , his employer . The incident happened during store hours when a guest in the grocery store was about to bring through a baby . Vinny in an effort to help the node allowed the client to go indoors the delivery truck and the client to the hospital . While they were on their way to the hospital , Vinny puff over the dog of Melnick . Melnick declared that he will a agree against Oscar and Vinny for killing his dogIssue : whether the clear of Vinny was done at bottom the range of his appointment so as to make Oscar probable for the misfortune low the prescript of respondeat headmasterA . Delivery representative PlaintiffAs a ordinance no person should be held liable for the solves and omissions of another . In near cases , however , the principle of agency between an employer and his employee whitethorn seduce legal obligation known as respondeat superior . It is a common natural law principle which basically manner let the master answer It makes the employer liable for the negligent subprograms and omission of his employee which work caused injury to another provided that the act was done within the ambit of his engagement . The theory behind this common law principle is that the principal controls the behavior of his agent and should assume responsibleness and liability for the agent s actionsThe plaintiff only has to prove that the station locomote within the scope of the employee s employment to establish liability of the employer .

An employee s conduct is covered if it is of the kind he is employed to bring to pass , occurs considerably within the authorized time and space limits of the employment , and is spark off , at least in go against , by a purpose to serve the employerIn this case , Vinny was at the time on shift and he was in the slaying of his duties . He was inside the grocery store when a customer was about to recrudesce birth . Being in the profit industry it was part of his duty to extend the necessary financial aid to their customer His act of going to the hospital using the friendship truck was something that is plum and naturally incident to the business of his employer (Sayles v . Piccadilly ) Further the conduct of vinny was not something that promoted his own interest merely it was motivated by the desire to serve his employerB . Delivery Case : DefendantFor an employer to be held liable under the doctrine of respondeat superior , it moldiness first be proven that the employee conduct bears relationship to the disposition of his work . In determining whether an employee was acting within the scope of employment , the employee s pedigree , time and place and purpose of the employee s act , the conformity of the employee s act to his assigned task must be examinedAs a grocery clerk , Vinny s function is to assist the customers...If you pauperism to get a full essay, order it on our website: BestEssayCheap.com

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