Question

While driving to the bank in the middle of the work day to make a deposit for work, Stan, who is Debbie's employee, stops at the post office to mail a personal letter. He hits a parked car, causing damage. Is Debbie liable for Stan's tort?

A. Probably yes
B. Probably no

Answer 1

Debbie's liability for Stan's tort depends on whether Stan's deviation to mail a personal letter is considered substantial or minor, as this determines if the act was within the scope of his employment.

Step-by-step explanation:

When assessing whether Debbie is liable for Stan's tort, we must consider the concept of vicarious liability, which involves an employer being held responsible for the actions of an employee if those actions occur within the scope of employment. Since Stan was performing a work-related task by driving to the bank to make a deposit for work, Debbie could be probably held liable for his actions. However, because Stan deviated from his work task to mail a personal letter when the accident occurred, the situation becomes less clear. Courts often consider whether the deviation was minor (which might not relieve the employer of liability) or substantial (which might). Hence, Debbie's liability would depend on the specifics of the case and the judgment of intent and the extent of deviation from the work task.