Based on the factors test, it appears that Muzaffar is an employee. Therefore, we move on to the second requirement for respondeat superior. The second requirement is that the negligent act by the agent must be performed within the scope of employment.

The courts have applied a broad and flexible standard in interpreting scope of authority in the context of employment. Although other factors may also be considered, the courts rely on the following factors to determine whether an agent's conduct occurred within the scope of his or her employment:

--Was the act specifically requested or authorized by the principal?

--Was it the kind of act that the agent was employed to perform?

--Did the act occur substantially within the time period of employment authorized by the principal?

--Did the act occur substantially within the location of employment authorized by the employer?

--Was the agent advancing the principal's purpose when the act occurred?

Put the following facts on the right side--inside or outside the scope of employment for Muzaffar.

Goober did not tell Muzzafar to turn the app on.

Muzzafar only had the Goober app on, he was not actively taking a passenger

Muzzafar was in his car on the road when the accident occurred

Muzzafar was planning to drive for the remaining three hours

Inside of scope of employment

Outside the scope of employment