Friday, March 23, 2012

Christensen v. Swenson case brief

 Christensen v. Swenson

Δ was driving out to get lunch on break and got into an accident.
Respondeat Superior case, employer held vicariously liable for torts committed by an employee while acting within the scope of her employment.
Scope of Employment
  1. Conduct of the kind employee is hired to perform
  2. Time and space of employment
  3. Serving employer’s interest
Purpose of Vicarious Liability (Respondeat Superior)
  1. Accident Prevention—Incentive for care, Discipline, Technological innovation
  2. Compensation—employee could seek indemnity
  3. Loss Spreading—can be passed on to consumers
  4. Cost of Doing Business—torts committed by the employees just part of the cost of doing business—company should cover employees
  5. Company Benefits

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