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Eric Works for a Construction Company

Question 24

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Eric works for a construction company.He drives his own vehicle to a job-site that is designated by the company on a daily basis.While driving to work one morning,he is dancing to music on the radio and spills coffee on his lap.As a result,he swerves his truck into an oncoming car,which causes significant physical injuries to the occupants of the other vehicle.The injured parties sue Eric and the construction company.Will the case be successful?


A) The case will be successful against Eric for driving negligently,and the case will also be successful against the company because he was acting within his scope of employment by driving to work.
B) The case will not be successful against Eric because he was not driving negligently,but the case will be successful against the employer due to the doctrine of respondeat superior.
C) The case will be successful against Eric for driving negligently,but the case will not be successful against the company due to the coming and going rule.
D) The case will not be successful against either Eric or the company.

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