TEXTBOOK: Prenkert, J. D., Barnes, A. J., Perry, J. E., Haugh, T., & Stemler, A. R. (2022). Business law: The ethical, global, and digital environment (18th ed.). McGraw-Hill.
Negligent Tort Liability
Prior to beginning work on this assignment,
- Review Chapter 7 and Chapter 36 of the course textbook: Prenkert, J. D., Barnes, A. J., Perry, J. E., Haugh, T., & Stemler, A. R. (2022). Business law: The ethical, global, and digital environment (18th ed.). McGraw-Hill.
- Review the cases Malorney v. B&L Motor Freight, Inc., 496 N.C.2d 1086 (Ill. Ct. App. 1986)
Download Malorney v. B&L Motor Freight, Inc., 496 N.C.2d 1086 (Ill. Ct. App. 1986), (file:///C:/Users/laure/Downloads/Malorney%20v%20B%20L%20Motor%20Freight,%20Inc,%20496%20NE%202d%201086%20-%20Ill%20Appellate%20Court,%201st%20D.pdf and Raleigh v. Performance Plumbing and Heating, 130 P.3d 1011 (Colo. 2006).file:///C:/Users/laure/Downloads/Raleigh%20v%20Performance%20Plumbing%20and%20Heating,%20130%20P%203d%201011%20-%20Colo%20Supreme%20Court.pdf
Scenario
Superior Electrical (Superior) was in the business of installing electrical wiring and related components at new construction sites. Because some employees were assigned company vehicles equipped with company tools and materials and were expected to drive those vehicles to the work sites, Superior required all employment applicants to hold a valid driver’s license. Employees who were assigned a company vehicle were expected to drive for the company during the workday in order to transport job materials and company tools that were kept on the vehicle to job sites. These employees were expected to take the company issued vehicle home at the end of the work day.
Superior hired Cory Jones as an apprentice electrician. Jones had completed an employment application in which he stated that he had a valid driver’s license and had not been cited for any traffic violations. These statements were untrue. His license had been suspended because of numerous traffic violations, including careless driving and driving without a license. Superior did not check on his driving record at the time he was hired because, as an apprentice electrician, he was not being assigned a company vehicle and was not expected to drive for the company during the work day.
About a year after hiring Jones, Superior promoted him to electrician and assigned Jones a company vehicle equipped with a rack for transporting wiring and other materials to and from the work sites. Superior intended that Jones drive during the day for the company and to take the vehicle home after the end of the work day. On a later date, when Jones’s work hours had ended and he was driving home in the company vehicle, he collided with two cars. The collision resulted solely from Jones’s negligence. Carolyn Carson and her son were severely injured in the collision and they sued Superior. The Carson’s alleged two theories of recovery against Superior: respondeat superior and negligent hiring.
Write five-page paper (not including title and references pages) that addresses the following:
- Identify and discuss the legal elements of negligent hiring.
- Apply those elements of negligent hiring to the facts given in the case.
- Analyze whether Superior would be liable for negligent hiring.
- Identify and discuss the legal elements of respondeat superior.
- Apply those elements of respondeat superior to the facts given in the case.
- Analyze whether Superior would be liable on respondeat superior grounds.
The Negligent Tort Liability paper
- Must be five double-spaced pages in length (not including title and references pages) and formatted according to APA Style
Must include a separate title page with the following:
- Title of paper in bold font
- Space should appear between the title and the rest of the information on the title page.
- Student’s name
- Name of institution
- Course name and number
- Instructor’s name
- Due date
Must utilize academic voice.
Must include an introduction and conclusion paragraph. Your introduction paragraph needs to end with a clear thesis statement that indicates the purpose of your paper.
Must use at least five credible sources in addition to the course text.
Must document any information used from sources in APA Style
Utilize correct APA formatting for legal sources include case law and legislation.
Should avoid over-dependence on direct quotes Direct quotes are a great way to strengthen our assertions and provide support. However, be sure to avoid using excessive direct quotes in lieu of original thought. Direct quotes will not meet the requirement for analysis, application, and critical thinking. Please ensure to not overuse direct quote so that you can avoid losing points for this.
Must include a separate references page that is formatted according to APA Style as outlined in the UAGC Writing Center.
Original work only. The institution will check the paper for Plagiarism.