Prepare
Prior to beginning work on this assignment,
- Read the following chapters of the course textbook, Business Law: The Ethical, Global, and Digital Environment (18th ed.):
- Chapter 7: Negligence and Strict Liability
- Chapter 36: Third Party Relations of the Principal and the Agent
- Review the following cases:
- Malorney v. B&L Motor Freight, IncLinks to an external site., 496 N.E.2d 1086 (Ill. Ct. App. 1986)
- Raleigh v. Performance Plumbing and HeatinLinks to an external site., 130 P.3d 1011 (Colo. 2006)
Assignment Instructions
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 have a valid driver’s license. Employees who were assigned a company vehicle were expected to drive for the company during the workday 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 workday.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 workday.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 would drive during the day for the company and take the vehicle home after the end of the workday. 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 a 4- to 5-page paper (not including title and references pages) that addresses the following:- Describe the legal elements of negligent hiring.
- Apply the legal elements of negligent hiring to the facts given in the case.
- Analyze whether Superior would be liable for negligent hiring.
- Describe the legal elements of respondeat superior.
- Apply the legal elements of respondeat superior to the facts given in the case.
- Analyze whether Superior would be liable on respondeat superior grounds.
General Instructions
The Negligent Tort Liability paper- must be 4 double-spaced pages in length (not including title and references pages) and formatted according to APA StylLinks to an external site. as outlined in the Writing Center’s APA Formatting for Microsoft WorLinks to an external site. resource.
- must include a separate title page with the following in title case:
- 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 (The University of Arizona Global Campus)
- course name and number
- instructor’s name
- due date
- title of paper in bold font
- must utilize academic voice.
- Review the Academic VoicLinks to an external site. resource for additional guidance.
- must include an introduction and conclusion paragraph.
- must use at least 3 credible sources in addition to the course text
- must include a separate references page that is formatted according to APA Style