Exam 34: Liability to Third Parties and Termination

While making a delivery, Barry, a delivery driver for XYZ Company, went through the drive through at a local restaurant to get a cup of coffee and bumped into the car in front of him doing some damage to the car's bumper. Which of the following is true regarding the liability of XYZ Company for the damage to the car?

When a principal is classified as a[n] ______ principal, a third party is aware that an agent is making an agreement on behalf of a principal, and the third party also knows the identity of the principal.

"The Big Sale." Christy, the owner of ABC department store, needed to hire a number of employees in a hurry because of a big summer sale she was planning. Bob was hired by Christy to run a cash register and to assist customers with taking large purchases to their cars. Bob encountered a particularly annoying customer, Frank. Frank started complaining the minute he saw Bob. Frank complained about having to wait for Bob to assist him with carrying his television purchase to his car, about the merchandise in the store, and about the quality of the store's employees. Bob tried to control himself while he carted Frank's television to the car. The final straw, however, came when Bob told Frank that he should get the earring out of his ear, cut his hair, and act professionally. Bob threw the television to the ground and punched Frank in the nose. Frank did investigation and discovered that Bob has been fired from his previous three jobs for taking violent action against customers. Two of his former employers are willing to testify that if Christy had called them, they would have disclosed Bob's tendencies to her. Bob listed the former employers on his application, but because she was in a hurry to hire employees, Christy did not take the time to check with the former employers. Another problem confronting Christy during the big sale is that Susie, a long-time employee of Christy who had never caused any problem before, accidentally, but negligently, dropped a box on the foot of Greg, a customer. Greg had to have an X-ray and is threatening to sue both Christy and Susie. -Which of the following is true regarding whether Greg has any right of recovery against Susie for his injured foot?

Which of the following is true regarding the relevance of whether a tort committed by an employee occurred within the time and space limits of employment?

Set forth the options of an injured third party when a principal is found liable for a misrepresentation made by an agent.