Question
Anti Vaxx Company (AVC) is a corporation that produces and distributes what it describes as complementary medicine non-prescription prophylactic treatments for coronaviruses generally and Covid-19
Anti Vaxx Company (AVC) is a corporation that produces and distributes what it describes as complementary medicine non-prescription prophylactic treatments for coronaviruses generally and Covid-19 specifically to drugstores across the country. AVC employed John Doe (Doe) as a salesperson and assigned him to his own sales territory. Does duties involved making sales calls, taking orders, and making sure that the shelves of drugstores in his territory were stocked with AVC products. During the first two months of Does employment, AVC received numerous complaints from drugstore owners in Does territory that Doe was overly aggressive, taking shelf space for AVC products that were previously reserved for competing brands and other unrelated products. One day, Doe visited an AVC client, Greenwall Drugs, which is managed by John Smith, to place previously delivered AVC products on the stores shelves. Doe began to take shelf space for AVC products that were previously reserved for other brands, and Smith told him to stop it and place the AVC products on the shelves assigned to it. Doe became angry and started swearing at Smith, who told Doe that if he did not stop swearing he would have to leave the drugstore because there are ladies and children present. Doe then became uncontrollably angry, went behind the counter, and challenged Smith to a fight. Smith refused to fight, and Doe proceeded to viciously assault and batter Smith, causing Smith severe injuries. Smith sued AVC for the injuries he sustained due to Does attack, arguing that AVC is liable under the doctrine of Respondeat Superior. Is AVC liable for Does assault and battery under the doctrine of Respondeat Superior? (6 points) Are there other legal grounds to hold AVC liable for Does actions? (3 points)
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