Powers to ArrestQuestion 40 of 200
Business & Professions Code §7583.39 holds the licensee (security company) responsible for which of the following conduct by an employee guard?
a.Only conduct authorized in advance and in writing by the licensee
b.Only criminal conduct, never civil torts
c.Only conduct during paid hours, never off-duty
d.Conduct of the employee acting within the scope of employment — creating vicarious liability for the security company
Explanation
BPC §7583.39 (and California vicarious-liability principles, including respondeat superior under Civil Code §2338 and case law) make the security licensee responsible for acts of employees within the scope of employment. A wrongful arrest, excessive force, or unlawful detention by a uniformed guard on duty creates direct exposure for the security company. This is why companies require training, policy compliance, and incident reports. Options (a)-(c) misstate scope-of-employment doctrine — written pre-authorization is not required and civil torts are within scope.
Law Reference: Cal. Business & Professions Code §7583.39Practice all 200 questions free — no signup required.
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