Question: Rachel has just been released from prison after serving three years for embezzlement. Chan knows of her record, but wants to give her a second
Rachel has just been released from prison after serving three years for embezzlement. Chan knows of her record, but wants to give her a second chance. He hires her for his office cleaning business. One night while she is working, one of the occupants of an office she is cleaning starts flirting with her, and persists after she asks him to stop. Rachel finally loses her temper and hits him with her mop. The office occupant is badly injured, and sues Chan for negligent hiring, among other things, saying Chan was negligent in hiring someone with a criminal record. Is Chan liable for negligent hiring?
a.
Yes, because Chan should have known that serving time in prison was apt to make Rachel violent
b.
Yes, because Chan knew of Rachel's record but hired her anyway
c.
No, because Rachel's criminal record was not for a violent crime
d.
No, because Rachel was reacting to a provocation
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