Compare and contrast the "motivation" test and the "work-related" tests.
What will be an ideal response?
A principal is normally liable under the doctrine of vicarious liability for the intentional torts of agents committed within the agent's scope of employment. To determine whether an agent's intentional torts were committed within the agent's scope of employment, courts generally apply either the motivation test or the work-related test.
Under the motivation test, if the agent's motivation for committing an intentional tort is to promote the principal's business, the principal is liable for any injury caused by the tort. But, if an agent's motivation for committing the intentional tort is personal, the principal is not liable, even if the tort takes place during business hours or on business premises.
On the other hand, under the work-related test, if an agent commits an intentional tort within a work-related time or space-for example, during working hours or on the principal's premises-the principal is liable for any injuries caused by the agent's intentional torts. Under this test, the agent's motivation is immaterial.
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Dispute settlements related to GATS are governed by the Fact-Finding and Conciliation Commission on Freedom of Association
Indicate whether the statement is true or false
Which of the following statements is correct?
a. From the perspective of a consumer, quality refers to the value gained by buying a product or service at the lowest possible price. b. From the perspective of a producer, quality refers to the value gained by arranging for the transportation and warehousing of a product at the lowest possible price. c. From the perspective of a producer, quality refers to the compliance of the product with applicable government regulations. d. From the perspective of a consumer, quality refers to the compliance of the product with applicable ISO requirements.
In a promissory estoppel case, a court will generally award:
a. only reliance damages. b. specific performance. c. both reliance and punitive damages. d. only nominal damages.
Margaret was shopping in a large grocery/department store when she slipped on some spilled dusting powder and fell, injuring her back. Margaret wishes to recover for her medical bills and her injury. What result? What further information would be helpful?