Regarding Restatement (Second) 233, Comment d, Agency Relationships:

It is well known that some prominent chefs are touchy about control over their preparation of food and running of the kitchen. Apparently there frequently is an understanding with the employer-restaurant owner that no control shall be exercised in these areas. Suppose a chef a famous restaurant, having retained such control, even to the extent of excluding the owner from the kitchen when the chef is preparing meals, negligently prepares and serves some bad food. The ill patrons sue the owner. Would the owner be liable vicariously for the chef's negligence? Restatement (Second) 233, Comment d, indicates there is liability. How can this be so?