Question: One evening at the L&S store, Martha is measuring the inseam on a customer, Fred Nichols. Fred comments, I like when you touch me there.

One evening at the L&S store, Martha is measuring the inseam on a customer, Fred Nichols. Fred comments, "I like when you touch me there. It makes me feel really good." Martha is embarrassed. Salesperson Grant Worthington is privy to Fred's comments. Grant confronts Fred by saying, "How could you talk to a woman like that?" Fred replies, "She was purposely touching me there, so butt out geek!" Grant clocks Fred with a left uppercut that would make Mike Tyson proud. Fred sustains a broken jaw and sues L&S for the torts of assault and battery. L&S retains your firm for its defense. Does L&S have any vicarious liability under the theory of "respondeat superior?" Why? Please explain your reasoning discussing how L&S may be liable, as well as your reasons why L&S might not be liable.

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