A principal\'s liability for an agent\'s torts may be found on any one or more o

Question

A principal's liability for an agent's torts may be found on any one or more of four bases, including respondeat superior liability, direct liability, the torts of independent contractors, and misrepresentation.

Suppose that Pizza Time, a California pizza chain, hired a new driver, Walt, to deliver pizzas. Pizza Time tightly controls the physical details of Walt's work, and instructs all its drivers that pizzas have to be delivered within a half hour of order or their pay will be docked. On his way home after a shift, Walt gets into a car accident with Mary. Mary sues both Walt and Pizza Time.

Q-Mary's central argument that Pizza Time should be liable rests on respondeat superior liability. How would a court likely rule under this claim and why? Identify the two factors required for respondeat superior to apply. What facts work in favor of Mary? What facts work in favor of Pizza Time?

Explanation / Answer

Q1) The court would likely to rule in favor of Mary considering the doctrine of respondeat superior liability.

Q2) The two factors required for respondeat superior liability to apply are -

1. Walt involved in the car accident is employed by Pizza time and his work is tightly controlled by the firm.

2. Walt gets into accident within the scope of his employment i.e. while delivering pizza.

Q3) The facts that work in favor of Mary are that the employee's work is tightly controlled by pizza time and the employee got into accident while working on the job. Also, the instruction that the pizza needs to be delivered within half an hour of order placement is an indirect reason for the accident.

Q4) If the accident resulted in lesser damage to Mary and more damage to Walt and his vehicle, the intensity of the punitive damages can be minimized.

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