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Lynne Meyer, on her way to a business meeting and in a hurry, stopped by a Buy-Mart store for a new pair of nylons to

Lynne Meyer, on her way to a business meeting and in a

hurry, stopped by a Buy-Mart store for a new pair of nylons

to wear to the meeting. There was a long line at one of the

checkout counters, but a cashier, Valerie Watts, opened

another counter and began loading the cash drawer. Meyer

told Watts that she was in a hurry and asked Watts to work

faster. Watts, however, only slowed her pace. At this point,

Meyer hit Watts. It is not clear from the record whether

Meyer hit Watts intentionally or, in an attempt to retrieve

the nylons, hit her inadvertently. In response, Watts

grabbed Meyer by the hair and hit her repeatedly in the back

of the head, while Meyer screamed for help. Management

personnel separated the two women and questioned them about

the incident. Watts was immediately fired for violating the

stores no-fighting policy. Meyer subsequently sued Buy-

Mart, alleging that the store was liable for the tort

(assault and battery) committed by its employee. Using the

information presented in the chapter, answer the following

questions.

1. Under what doctrine discussed in this chapter might Buy-

Mart be held liable for the tort committed by Watts?

2. What is the key factor in determining whether Buy-Mart is

liable under this doctrine?

3. How is Buy-Marts potential liability affected depending

on whether Wattss behavior constituted an intentional tort

or a tort of negligence?

4. 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. How might this fact

affect Buy-Marts liability for Watts actions?

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