Question: 10) April Barber, an agent employed by Prototype, Inc., was driving her own car and rushing to an important luncheon meeting scheduled with a prospective

10) April Barber, an agent employed by Prototype, Inc., was driving her own car and rushing to an important luncheon meeting scheduled with a prospective customer. She saw the amber light in the signal ahead, but to stop and wait would delay her at least four minutes, and she was already late. So she pushed the accelerator down, even though the light had changed to red, and raced ahead at 50 mph through the intersectionalmost. Before she got across, her car collided with Fred Lamares truck, which had legally entered on the far right side. Lamare was injured, and the truck was demolished.

a. Is Barbers employer, the principal Prototype, liable?

b. Would the employer be liable if Barber were an ordinary employee?

c. Would the employer be liable if Barber were an independent contractor?

d. Would your answer be different in parts (a), (b), and (c) if April were violating not only the speed limit but also Prototypes explicit orders not to go faster than 35 mph in town?

e. Is Barber personally liable to Lamare?

f. Is Barber personally liable to Prototype?

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