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Business Law Assignment
Business Law Discussion Questions
Burlarley v. Wal-Mart Stores, Inc.
Whether the doctrine of respondeat superior was applicable and hence making the defendant vicariously liable for its employee’s tortious acts towards the plaintiff.
The general rule of law established in Klunz v. New Netherlands Routes, Inc. (2009) is that an employer is only vicariously liable for employees’ tortious acts where the alleged acts or omissions causing harm to third parties are committed within the scope of employment and in furtherance of the business of the employer.
In this case, the employee, a cashier at the defendant’s store, jokingly in an effort to make her work “go a little faster” threw some items at the plaintiff’s face (Burlarley v. Wal-Mart Stores, Inc., 2010). As the court concluded, such an act by the cashier is not something that cashiers commonly do in the course of their employment and neither does it form part of their job descriptions. It departs to a substantial extent from the usual methods of performing a cashier’s job duties. Therefore, no liability can hardly attach on the employer.
The case should be decided in the defendant’s favor since it was not vicariously liable as the employee acted way outside her scope of employment in furtherance of personal desires that had nothing to do with her employer’s business.
Vernon v. Schuster, d/b/a Diversity Heating and Plumbing
Was the plaintiff’s allegation that the defendant has succeeded to his father’s liability to him sufficient to constitute a valid cause of action?.................GET A PLAGIARISM FREE COPY