Question
Melinda, who works in a jewelry store owned by Cindy, was picking up some gemstones for use in the store. On the way back to
Melinda, who works in a jewelry store owned by Cindy, was picking up some gemstones for use in the store. On the way back to the jewelry store, she went through a drive-through at a fast food restaurant to get a soda. While in line, she negligently bumped the vehicle in front of her that was owned by Ralph.Ralph asked Cindy to pay for the damage to his bumper. Cindy refused on the basis that she never gave Melinda authority to stop for a soda. Should Cindy be held liable, and why or why not?
Did employer authorize employee's act?
Did act occur within time and space limits of employment?
Was act performed (at least in part) on behalf of employer?
To what extent were employer's interests advanced by act?
To what extent were private interests of employee involved?
Did employer provide the means by which act occurred?
Did employee use force that employer did not expect?
Did employer know that act would involve commission of
serious crime?
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