Pizza with Torts
An agent may commit torts while acting on behalf of the principal, but the principal is not always liable for these torts. In this activity, we analyze a fictional scenario involving Pizza Time and its driver, Walt.
CONCEPT REVIEW:
A principal's liability for an agent's torts may be found on any one or more of four bases, including respondeat superior liability, direct liability, the torts of independent contractors, and misrepresentation.
Comprehension Case
Read the text below and answer the questions.
Suppose that Pizza Time, a California pizza chain, hired a new driver, Walt, to deliver pizzas. Pizza Time tightly controls the physical details of Walt's work, and instructs all its drivers that pizzas have to be delivered within a half hour of order or their pay will be docked. On his way home after a shift, Walt gets into a car accident with Mary. Mary sues both Walt and Pizza Time.
Suppose that Walt was an independent contractor, and Pizza Time hired him even though he had a suspended driver's license due to drinking while driving. If Mary discovers this fact and sues, will she likely recover? Why, or why not?