Fairway Distributors is a wholesale firm that employs several outside salespersons. Emma, a salesperson employed by Fairway Distributors, was involved in an accident with another motorist while she was using her car to make regular sales calls for Fairway Distributors. Emma and the motorist are seriously injured in the accident. The motorist sues both Emma and Fairway Distributors for the injury based on negligence.

a. Describe the requirements that the motorist must establish to show that Emma is guilty of negligence. (5 marks)

b. On what legal basis might Fairway Distributors be held legally liable for the injury to the motorist? Explain your answer. (5 Marks)

(10 marks)