Casualty & LiabilityQuestion 76 of 215
A delivery driver, while making deliveries during work hours in a company van, negligently rear-ends another vehicle. The injured party sues the driver's employer. Under what doctrine may the employer be held liable for the driver's negligent act?
a.Respondeat superior (vicarious liability)
b.Strict liability for ultrahazardous activities
c.Res ipsa loquitur
d.Assumption of risk
Explanation
Respondeat superior (Latin: 'let the master answer') makes an employer vicariously liable for the negligent acts of an employee committed within the course and scope of employment. The driver was performing job duties when the accident occurred, so the employer is jointly liable with the employee. Strict liability applies to abnormally dangerous activities (e.g., blasting); res ipsa loquitur is an evidentiary doctrine; assumption of risk is a defense to negligence.
Law Reference: Restatement (Third) of Agency §7.07 (respondeat superior)Practice all 215 questions free — no signup required.
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