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, 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.

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Answer:

Empire messenger Service is that the opinion who has specified legitimate expert to Dave who actions as Empire’s mediator. In regulation, principal is somebody below on whose behalf the representative perform. A representative could be a one who perform on the placement of the principal.

As per the regulation of organization the main is answerable and to blame for all items and errors of the mediator as long as the actions and errors happened inside the possibility of engagement.

Dave was on obligation as he was creating supplies. Though he was working for a disruption, Dave can still be thought of to be substitute inside the possibility of employment once the accident happened as regulation will think about Dave to be performing within the possibility of his ability. Therefore, Empire messenger Service are going to be ‘together and severally’ accountable for Dave's carelessness for inflicting the automotive accident.

Additional problem here is that the case of planned misbehavior during which Dave hits Victor. Now the action of hitting Victor was a premeditated action of Dave. During this case Dave wasn't approved by Empire messenger Service to hit Victor or to purposely source damage to Victor or the other third party in any manner. Dave was conjointly not deceptively approved by his basic i.e. Empire messenger Service. Finally, Dave had no control that ascended from the organization respect to purposely cause any damage to Victor or the other individual for that substance. So Dave himself are going to be chargeable for the premeditated misbehavior of hitting Victor.