Responeant Superior

ResearchRespondeat SuperiorNameProfessorSchoolDateF good turns : Vinny was employed as a grocery shop 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 hand over a baby . Vinny in an effort to help the client 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 scat 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 heart the tele arena of his appointment so as to make Oscar probable for the diagonal low the prescript of respondeat selectA . Delivery incase PlaintiffAs a tackle no person should be held liable for the solves and inatten tions of another . In near cases , however , the principle of agency between an employer and his employee may seduce legal obligation known as respondeat superior . It is a common law of constitution principle which basically content let the master answer It makes the employer liable for the negligent spots and omission of his employee which work caused injury to another provided that the act was done within the scope of his conflict . The theory behind this common law principle is that the principal controls the behavior of his agent and should assume function and financial obligation for the agent s actionsThe plaintiff only has to prove that the address 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 come , 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 process of his duties . He was inside the grocery store when a customer was about to recrudesce birth . Being in the value industry it was part of his duty to extend the necessary attention to their customer His act of going to the hospital using the troupe 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 still it was motivated by the desire to serve his employerB . Delivery Case : DefendantFor an employer to be held liabl e under the doctrine of respondeat superior , it mustiness first be proven that the employee conduct bears relationship to the nature 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 need to get a full essay, order it on our website: BestEssayCheap.com

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