Principle: An employer is vicariously liable for torts committed by an employee in the course of employment.
Facts: A bank driver, while driving the bank cash van along the authorized route to collect cash, negligently hits a pedestrian while checking a text message. Is the bank liable?
Answer and explanation
Correct answer: B. Yes, because checking a message while on the authorized route was within the course of employment
- Step 1: Identify the legal principle: Vicarious liability attaches to wrongful acts done by an employee in the course of employment, including unauthorized modes of doing an authorized act.
- Step 2: Apply the facts: The driver was doing an authorized act (driving the cash van on the designated route) in an unauthorized and negligent manner (texting).
- Step 3: Conclude: Under the doctrine of vicarious liability, the employer bank is liable for injuries caused to the pedestrian.
Answer
Yes, because checking a message while on the authorized route was within the course of employment.
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