Pete's Pizza employs Quincy as a delivery driver. Pete's guarantees that an order will be delivered within thirty minutes or there is no charge, and insists that its drivers meet the limit. One night, while making a delivery, Quincy is caught in a traffic jam. To deliver the pizza within the thirty-minute time limit, Quincy drives onto a sidewalk and hits Ruth, a pedestrian. Is Pete's liable to Ruth for her injuries? Is Quincy liable to Ruth? Why or why not?
What will be an ideal response?
The tort in this question is negligence. An agent or employee is liable for his or her own torts, whether or not they are committed within the scope of a principal's employment. The principal is also liable under the doctrine of respondeat superior if the tort is within the scope of employment. One of the important factors in determining liability is whether the agent or employee was on the principal's business or on a "frolic" of his or her own. Thus, third persons injured by an agent's or employee's negligence can successfully sue the employer if the tort was committed while the employee was acting within the scope of employment. In this problem, Pete's is liable because Quincy was acting within the scope of his employment, attempting to fulfill the thirty-minute guaranty. Quincy is also liable, because an individual is always liable for his or her own torts.
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What will be an ideal response?
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