Question

Freddie owns a pizza parlor. The pizza parlor has both dine-in and dellivery service. Tommy is Freddie's employee, and his job duties include delivering pizza. On one of his
pizza deliveries. Tommy is not paying attention and runs a stop sign striking and severely injuring Jose. Which of the following best describes Tommys liability for Jose's
O Tommy is fully liable for Jose's damages
O Tommy has no liability for Jose's damages because he was not within the course and scope of his employment at the time of the accident.
O None of the other answers is correct.

4 options, one option  “Tommy has no liability for Jose's damages because he is operating as an employee of Freddie.” is wrong

Answer 1

Answer: None of the other answers is correct.

Rationale: According to the theory of "respondeat superior" and "vicarious liability", if the employee is on duty and within scope of employment, then the employer is responsible for the acts of his employees. In this case, since Tommy was on the way to delivering the pizza which is one of his duties which means that he was within scope of employment, therefore the employer, Freddie, should be liable for Jose's injuries.