Agency and Respondeat Superior ?Mutiple choice) 1?Under what theory of liability would Mr. Melnick use to try

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Agency and Respondeat Superior ?Mutiple choice)

1?Under what theory of liability would Mr. Melnick use to try toclaim damages for his dog?

- Respondeat superior makes principals liable for the criminalacts of their employees acting within the scope of employment.

- Respondeat superior makes principals liable for the torts oftheir agents acting within the scope of employment.

- Strict liability makes principals liable for all acts of theiragents.

- Respondeat superior makes principals liable for torts of theiragents at all times.

2) If one of Oscar's trucks did run over Mr. Melnick's dog wouldOscar (or his store) be liable for the damages?

-All of these.

-Yes, if the driver was on a frolic from his normal employmentduties.

-Yes, if the driver was within the scope of employment when heran over the dog.

-No, if the employee was on a detour of his own from his normalemployment duties.

3)Assume that a court decided that the driver was on a detourfrom his regular duties and that the driver was negligent when heran over Mr. Melnick's dog. Who would be liable to Melnick?

-Oscar (or his store) only.

-The driver only.

-Both Oscar (or his store) and the driver.

-Neither Oscar (or his store) nor the driver.

4)Would Oscar be liable for Melnick's damages since he did notspecifically tell Vinny that he could drive the truck to thehospital?

-Yes, because of the emergency Vinny would have impliedauthority to drive the truck to the hospital.

-No, Vinny did not have express authority to drive the truck inthe area.

-Yes, since it happened in Oscar's truck.

-No, because it was an emergency.

5)Assume that Oscar says he would pay for Melnick's dog, even ifit was not legally required to do so, because he thinks the driverdid the right thing by driving the van to the hospital. Oscar isnow liable because of:

-express authority.

-implied ratification.

-implied authority.

-ratification.