Question

Leonard is a traveling salesman employed by Bighorn, Inc. He calls on Ralph, one of his regular accounts, in order to solicit another order. While in the store, Leonard collects a past due account for Bighorn, but he doesn't get another order. It has been a bad day in which Leonard hasn't had any orders. He is so angry about this that when he leaves the store to go on to his next appointment for Bighorn he drives negligently and hits a pedestrian with his car. In this case:

a. Bighorn has no liability for Leonard's negligence, because Leonard is responsible for his own negligent conduct.
b. Since he was driving at the time of the negligent conduct, Leonard was no longer within the scope of his employment.
c. Bighorn will be liable for Leonard's negligence under the doctrine of respondeat superior.
d. Leonard is an independent contractor and, therefore, Bighorn will have no liability for his negligence.

Answer 1

The answer is option C) Bighorn will be liable for Leonard's negligence under the doctrine of respondeat superior.

Step-by-step explanation:

Doctrine of Respondeat Superior is a legal doctrine that is commonly used in tort. This principle makes an employer or principal legally responsible for the wrongful acts done by an employee or agent, if such acts occur within the scope of the employment or agency.

Bighorn will be liable for Leonard's negligence under the doctrine of respondeat superior because:

• Leonard is an employee of Bighorn incorporated, and
• He was on active duty for Bighorn Inc: on his way to another appointment when his negligent behavior led an accident that affected a pedestrian.