Question
One evening at the L&S store, Martha is measuring the inseam on a customer, Fred Nichols. Fred comments, I like when you touch me there.
One evening at the L&S store, Martha is measuring the inseam on a customer, Fred Nichols. Fred comments, "I like when you touch me there. It makes me feel really good." Martha is embarrassed. Salesperson Grant Worthington is privy to Fred's comments. Grant confronts Fred by saying, "How could you talk to a woman like that?" Fred replies, "She was purposely touching me there, so butt out geek!" Grant clocks Fred with a left uppercut that would make Mike Tyson proud. Fred sustains a broken jaw and sues L&S for the torts of assault and battery. L&S retains your firm for its defense. Does L&S have any vicarious liability under the theory of "respondeat superior?" Why? Please explain your reasoning discussing how L&S may be liable, as well as your reasons why L&S might not be liable.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started