Question #$2(5$ points$)$:

Review the sections on a principal's liability for negligent physical torts, intentional physical torts, and nonphysical torts in section $17-2$c$,17-2$d$,$ and $17-2$e$.$

Scotch Enterprises hires two individuals.

Johnny as a sales representative and classifies him as an employee.

Walker as a part$-$time delivery driver and classifies him as an independent contractor $($note that Walker owns his delivery truck$).$

Johnny goes on a sales call.

He blows through a crosswalk and hits an elderly pedestrian, knocking her down and injuring her.

He stops, calls the emergency personnel, and leaves when they arrive.

At the sales call, he gets angry at his customer and punches him in the nose.

Back at the office, he calls a supplier of the customer and convinces him to not sell parts to the customer that were supposed to be delivered per a contract between the customer and the supplier.

Three months later, Walker goes on a delivery run $($delivering to Johnny's customer above$).$

He blows through the same crosswalk and hits the same elderly pedestrian, knocking her down and injuring her.

He stops, calls the emergency personnel, and leaves when they arrive.

He gets to Johnny's customer and starts to unload. He gets angry with the client and punches him in the nose $($recently healed from the altercation with Johnny$).$

He is so angry, he plasters the side of his truck with a sign suggesting that the customer sells unsafe and defective products.

Based on this scenario, answer the following:

$1.$ How were Johnny and Walker negligent in this scenario? State the actions constituting the tort. $($They committed the same negligent act.$)$

$2.$ What was Johnny and Walker's intentional physical tort in this scenario? Specify the name of the tort $($refer back to Ch$.7)$ and the actions constituting the tort. $($They committed the same intentional physical tort.$)$

$3.$ What were Johnny and Walker's nonphysical torts? Specify the torts $($refer back to Ch$.7)$ and the actions constituting the torts. $($They each committed a separate nonphysical tort.$)$

$4.$ What criteria would the court use to determine if Scotch is liable for each of Johnny's negligence, intentional physical, and nonphysical torts? $($Remember$,$ he is an employee.$)$

$5.$ What criteria would the court use to determine if Scotch is liable for each of Walker's negligence, intentional physical, and nonphysical torts? $($Remember$,$ he is an independent contractor.$)$