Determine scope of employment


Assignment task: You will need to refer to the topic of Negligence to help you.

1.) In Respondeat Superior you learned about 6 factors that courts sometimes use to determine scope of employment.  Explain how a court would apply each of those factors in this case to resolve the liability of the employer under the doctrine of respondeat superior. What conclusion do you think the court would have reached?

2.) What if the facts were different?  Suppose that when Watts applied for the job at Buy-Mart, she disclosed in her application that she had previously been convicted of felony assault and battery.  Nevertheless, Buy-Mart hired Watts as a cashier.  Explain how a court would apply each of the elements of negligence to determine whether Buy-Mart should be liable under these circumstances.

3.) Consequences. Assume that Buy-Mart is liable for the negligent hiring of Watts.  Explain what kind of monetary damages would be available to the customer, and specifically address whether punitive damages will be imposed against Buy-Mart.

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Business Law and Ethics: Determine scope of employment
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