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15. The principle of law that holds an employer is liable for the harm negligently caused others by an employee is: last clear chance. b comparative liability. c respondeat superior/vicarious liability d. res ipsa loquitur e. assumption of the risk a. 16. Which of the following is not implicated by the Fifth Amendment? Proscription against retrying a defendant for the same offense. b. Defendant's privilege against being compelled to give evidence/testify against himself or herself in a criminal case. The Government's power to take private property for public use. d. The Separate Sovereign Doctrine e. All the above are implicated by the Fifth Amendment C. 17. While attending an SF State men's basketball game against U.C. Santa Clara, a U.C. Santa Clara fan sneaks up behind BUS 320 Survivor Drake Herrador and hits him on the back of the head with a crme puff. Mr. Herrador had no idea that he was about to be hit and he is severely embarrassed, as would you, when all his friends laugh when they realize that he was dazed by a not-so-tough crme puff. Which of the following tort(s) has the U.C. Santa Clara fan committed? Assault. b Battery Assault and battery. d. Battery and negligent infliction of emotional distress. e. Assault, battery, and negligent infliction of emotional distress. doo