Description
Case Analysis
Dave is a driver for Empire Courier Service. Around the company, Dave is known as sort of a hothead. During his previous employment at another company, Dave had been involved in a workplace fistfight with a fellow employee, resulting in criminal charges.
One day, between deliveries and in a company vehicle, Dave decides to get lunch. While leaving the parking lot at Big Burrito Bistro, the favorite lunch spot for most Empire Courier employees, Dave negligently causes a car accident with another vehicle, resulting in injuries to Victor, the driver of the other car. As Dave and Victor are waiting on the side of the road for the police to arrive, Victor comments to Dave, "Oh, you drive for Empire Courier Service. It doesn't surprise me that Empire hires bad drivers because their service stinks, and their prices are too high!" Dave is so offended that Victor would insult his employer's professional reputation that he punches Victor in the face, causing Victor to suffer even more injuries. Empire Courier Service does not, as a matter of policy, do criminal background checks on its employees.
Considering the legal principles discussed in Chapter 20,(Agency and Liability to Third Parties) explain who is liable for Dave's negligence for causing the car accident, and explain who is liable for Dave's intentional tort for punching Victor. Provide your answers in a case analysis of a minimum of 500 words. Cite any direct quotes or paraphrased material from outside sources. Use APA format.
Explanation & Answer
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Running head: AGENCY AND THIRD PARTY LIABILITY
Agency and Third Party Liability
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AGENCY AND THIRD PARTY LIABILITY
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Agency and Third Party Liability
Introduction and case summary
The background facts to the narrative indicate that Dave is a legal employee of the
company, Empire Courier services. When dispensing with his duties, and in control of one of the
company vehicles, he negligently causes an accident. Further, he goes ahead to assault the
injured driver of the other vehicle, for the reason that the latter uttered some words that he
interpreted as insulting. There is the cache that Dave has a criminal record, the same being a
consequence of his violent tendencies. The incident attracting the criminal charge occurred way
before he joined with Empire Courier Serv...
