Southern Furniture Co hired Chuck to drive a company truck and deliver furniture. Chuck had a spotless driving record and did well on his driving test. Belinda ordered a chair from Southern Furniture Co and arranged for its delivery on her lunch hour

Question

Belinda was at home when Chuck delivered the chair. After delivering the chair, Chuck brutally raped Belinda, causing severe physical and psychological injuries. Chuck was convicted in the criminal courts. During the trial it was revealed that Chuck had been in a mental institution for the criminally insane for two years because he had brutally assaulted his mother and other women. He also had a lengthy criminal rap sheet involving theft crimes. Belinda sought compensation for her physical and psychological injuries from both Chuck and Southern Furniture Co in civil court. Discuss what the probable outcome of this case would be with regard to the issues of: (a) respondeat superior and (b) general tort liability of principals for the unauthorized acts of their agents.

Answer 1

(a) Respondeat superior-An employer may be liable for the unauthorized torts committed by an employee, even acts that are in flagrant disobedience of the employer's instructions, if the tort was committed within the scope of employment. The question then becomes whether Chuck's act is sufficiently connected with his employment and in the scope of his employment to cause Southern to be held liable under respondeat superior. According to Rubin v. Yellow Cab Co., the answer would be no. (Here the student could discuss the relevant facts and how they are similar to Rubin.) (b) General tort liability of principals for the unauthorized acts of their agents-With this Belinda would probably recover. Southern was negligent or reckless in hiring, supervising, or controlling its employee.