Morris negligently collides with Hudson, who sues (a) Acme and (b) Morris. Who should be held liable?
| ♥ 0 |
Morris, a salesperson for Acme, Inc., a manufacturer of household appliances, receives a commission on all sales made and no further compensation. He drives his own automobile, pays his own expenses, and calls on whom he pleases. While driving to make a call on a potential customer, Morris negligently collides with Hudson, who sues (a) Acme and (b) Morris. Who should be held liable? |
Explanation
"Individual M should be held responsible for the accident." is correct
"Company A should not be held responsible for the accident." is incorrect
Liability of the principal arises when its employee performs certain functions but not in case of the independent contractor. Individual M is an independent contractor which gives rise to the fact that Individual M's actions are not in control of Company A.
Individual M uses one's own vehicle for sale purposes and contacts their choice of customers. Company A does not give any order or specification to Individual M on how to perform their duties or whom to contact. For this reason, Individual M will be held responsible for the accident with Individual H.
Looking for the solution to this or another homework question?
If you need essay writing assistance or homework solutions, log in or sign up for a free account and ask our writers any homework question.