Question
Chuck was a van driver employed by Pink Mongoose Express Inc. One evening, during a heavy downpour, he was proceeding along his route when he
Chuck was a van driver employed by Pink Mongoose Express Inc. One evening, during a heavy downpour, he was proceeding along his route when he saw his friend, Richard, waiting at a bus stop. Although all Pink Mongoose Express drivers had been instructed not to give lifts to unauthorized passengers, he picked up Richard and offered to drive him home. Just before reaching Richard's home, which was a two mile detour from Chuck's authorized route, Chuck collided with a cow which had strayed onto the road. At the moment of impact, Chuck's speed was approximately 80 mph. The cow was killed and Richard was seriously injured.
Discuss, making sure to address the following:
1. Was Chuck driving on behalf of his Employer at the time of the Collision;
2. Was he on a detour or frolic of his own;
3. What effect do the instructions not to pick up passengers have on your opinion;
4. Is Pink Mongoose Express Inc. Vicariously Liable for Richard's injuries;
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