Is Speedy Service liable to either Friend or Motorist for the injuries they sustained? Explain.

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Is Speedy Service liable to either Friend or Motorist for the injuries they sustained? Explain.

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Driver picked up Friend to accompany him on an out-of-town delivery for his employer, Speedy Service. A “No Riders” sign was prominently displayed on the windshield of the truck, and Driver violated specific instructions of his employer by permitting an unauthorized person to ride in the vehicle. While discussing a planned fishing trip with Friend, Driver ran a red light and collided with an automobile driven by Motorist. Both Friend and Motorist were injured. Is Speedy Service liable to either Friend or Motorist for the injuries they sustained? Explain.

Explanation & AnswerSolution by a verified expert

Explanation

Individual D hit the vehicle of Individual M while performing the duty assigned to them by Individual SS and was within the area of employment. This makes Individual SS liable to Individual M. If Individual D hit the automobile of Individual M while performing an activity that was not related to the work given by Individual SS, the latter would not have been responsible for Individual M. Again, Individual F has not been invited to go and sign for the employer's vehicle. Any harm caused to Individual F while they were in the vehicle does not become the liability of Individual SS. On the other hand, if neither party signed the contract and Individual SS allowed passengers in the vehicle, Individual SS would have been liable to Individual F, which is not the case here.

Verified Answer

Individual SS is liable to Individual M but not to Individual F. Individual D collided with the vehicle of Individual M while Individual D was on the course of employment. It makes Individual SS liable to Individual M, on the grounds of Torte Liability of Principal. Individual F could ride along with Individual D, which was an act outside the scope of Individual D's employment. Because of this reason, Individual SS is not liable to Individual F. If Individual D hits the vehicle of Individual M while on a detour outside the scope of employment, only then Individual SS would not be responsible to Individual M.

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