Vicarious Liability In Texas

Summary

In Texas, employers are generally not liable for employees actions outside the scope of employment, such as personal activities. Transporting work files while engaging in personal activities like drinking at a pub does not typically make the employer liable for tort damages. In the case of Peters accident, TIP Tech would likely not be liable for tort damages because his actions were personal and not within the scope of his employment.

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answers: Yes, because he was carrying TIP Tech’s files, so he was acting to further his principal’s purposes. Yes, because this sort of tort was reasonably foreseeable, given the type of task Peter’s principal requested him to perform as an agent. No, because even though Peter was acting within the scope of his agency authority, the tort was committed after normal working hours. No, because nothing about Peter’s actions indicates that he was acting within the scope of his agency authority.
Based on the information, here are some key points about vicarious liability in Texas:
- Employers can be held liable for employees' actions conducted within the scope of employment.
- Commuting or personal activities (like drinking at a pub) are typically not within the scope.
- Transporting work files might not be enough to establish liability.
The crucial question here is whether Peter was on a work-related task or errand when the accident occurred. Given Peter was at a pub and not on a work errand, TIP Tech might not be liable.
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**** yes or no
No, because nothing about Peter’s actions indicates that he was acting within the scope of his agency authority. Transporting work files while engaging in personal activities like drinking at a pub does not typically make the employer liable for tort damages in Texas.
Tyler and Paulo are both agents of TIP Tech. One day, while at work, they get into an argument about which frozen dairy dessert is best: ice cream or frozen yogurt. Tyler sets forth a series of intelligent, reasonable, unassailable arguments for ice cream’s superiority, and Paulo is so upset at losing the argument the he throws his frozen yogurt in Tyler’s face, injuring his eye. Will TIP Tech be liable for Tyler’s injuries? Yes, but only if the company is located in a state that follows the motivation test. No, regardless of which test is followed by the state in which the company is located. Yes, regardless of which test is followed by the state in which the company is located. Yes, but only if the company is located in a state that follows the work-related test.
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TIP Tech may be liable for Tyler's injuries if Texas follows the "work-related test." Texas courts often use this test to determine if an employee was acting within the scope of employment when the incident occurred. Since the argument and injury happened at work, TIP Tech might be held liable.
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Mariel is crazy about cars, and Loren knows almost nothing about cars, so Loren hires Mariel to be his agent to find a good car for him and negotiate a good price with the dealership. She does her job, telling the car dealer, “I’m just here shopping for a friend,” and finds Loren a nice car for a nice price, but she never tells the dealer Loren’s name. Loren tells her to go ahead and sign the contract, so she does. If Loren fails to pay for the car, can the dealership sue Mariel? Yes, because this was an undisclosed agency. No, because this was a fully disclosed agency. Yes, because this was a partially disclosed agency. No, because Loren authorized Mariel to sign the contract.
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The dealership can sue Mariel because this was a partially disclosed agency. Since Mariel disclosed that she was acting on behalf of a friend but did not reveal Loren's name, she may be held liable if Loren fails to pay.
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In Grande v. Jennings, the house’s former owner’s heirs argued that the money found in the house’s walls was _____________, whereas the house’s new owners argued that it was ______________. mislaid property; abandoned property mislaid property; lost property abandoned property; mislaid property lost property; abandoned property
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In Grande v. Jennings, the house’s former owner’s heirs argued that the money found in the house’s walls was mislaid property, whereas the house’s new owners argued that it was abandoned property.
Little Red Riding Hood had three cakes in her basket that she was taking to her grandmother’s house. While walking through the woods, she spied the big, bad wolf behind her, so she took off running. As she ran, one of the cakes popped out of her basket without her noticing, and she continued to run and run and run. The cake that fell out can be called: a. mislaid property b. abandoned property c. lost property
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The cake that fell out of Little Red Riding Hood's basket without her noticing can be classified as:
c. Lost property
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Sometime later, Red reached into her basket and noticed that there were only two cakes left. She decided to nibble on one of them because she was hungry. As she walked, carrying the cake, her shoe became untied. Stopping to tie the laces, she set the cake on a nearby rock. Once she had fixed her shoe, Red continued on her journey but forgot to retrieve the cake from the rock. This cake can be called:
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The cake Red left on the rock can be classified as:
a. Mislaid property
Mislaid property is something intentionally placed somewhere but then forgotten. Let me know if you need any more assistance!
When Red finally neared her grandmother’s house, she looked in her basket and was sad to see only one cake left. She became so angry that she threw the cake deep into the woods and stomped off in a huff. This last cake can be thought of as
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The last cake can be thought of as:
b. Abandoned property
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Jake goes to the ice cream parlor for some tasty treats. His friend, Molly, told him that frozen yogurt is a healthy, delicious alternative to ice cream, so Jake orders a frozen yogurt cone. At the cashier’s station, he takes his wallet out of his pocket and sets it on the counter when he hands the cash to the clerk. While waiting for his change, Jake takes one lick of the frozen yogurt and is so disappointed that he immediately leaves the shop, forgetting his wallet on the counter. Sam Shady, who was behind Jake in line, finds the wallet. What is Sam’s legal obligation with respect to the wallet? He must try to track down Jake. He can keep it for himself. He must give it to the ice cream parlor owner. He must hold onto it in case Jake comes looking for it.
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In Texas, Sam's legal obligation with respect to the wallet would typically be to return it to its rightful owner or to the ice cream parlor owner. This action is based on good faith efforts to ensure the lost property is returned to its owner.
- Sam should either try to track down Jake or give the wallet to the ice cream parlor owner.
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At your college graduation party, your parents pull you aside and tell you that your graduation gift is the priceless Monet painting hanging above the fireplace back at home. You’re thrilled and profusely thank your parents. You immediately arrange for the painting to be auctioned off to pay for your backpacking trip through Europe, but when the auctioneer arrives at your parents’ house to pick up the painting, they refuse to let him take it. Who owns the painting? Your parents do because they lacked donative intent. You do because they physically delivered the painting to you. You do because they constructively delivered the painting to you. Your parents do because they never delivered the painting to you.
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Your parents still own the painting because they never delivered it to you. For a gift to be legally effective, there must be intent to give, delivery, and acceptance. In this case, delivery did not occur.
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If you find a slice of pizza in a garbage can at a restaurant and you want to eat it, to whom does the slice of pizza belong? The pizza restaurant, because it was lost You, because it was mislaid You, because it was abandoned The pizza restaurant, because it was mislaid
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If you find a slice of pizza in a garbage can at a restaurant, it is generally considered abandoned property. This means it no longer belongs to anyone, and you may take it if you wish. However, consuming food from a garbage can might not be safe.
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You’re going out of town for the weekend, so you ask your friend if they’ll stay at your house to feed your dog. a. Bailment for the benefit of thhe bailor b. bbailment for the benefit of the bailee c. mutual benefit bailment
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This scenario is an example of bailment for the benefit of the bailor. This is because you, the owner (bailor), are the one who benefits from your friend (bailee) taking care of your dog while you are away.
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You’re going out of town for the weekend, and your friend asks you if they can stay at your house while you’re gone and play with your dog.
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This scenario doesn't seem to present any significant legal issues. It appears to be a simple arrangement between friends for house-sitting and dog-sitting. If you have any other legal questions or need assistance with a different matter, feel free to ask!
You’re going out of town for the weekend, and your friend asks you if they can stay at your house while you’re gone and play with your dog. a. Bailment for the benefit of thhe bailor b. bbailment for the benefit of the bailee c. mutual benefit bailment
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This scenario falls under bailment for the benefit of the bailee. Your friend benefits from staying at your house and playing with your dog, while you are not getting a direct benefit.
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Because mobile phone batteries tend to degrade over time, TIP Tech launches a new battery rental service where customers pay a monthly fee to rent their phone batteries for two years and then return them to TIP Tech. What is a customer’s duty to prevent damage to a battery that has been rented from TIP Tech? A customer must exercise great care to protect the battery. A customer must exercise reasonable care to protect the battery. A customer must exercise slight care to protect the battery. A customer is not obligated to exercise care to protect the battery because it is not the customer’s property.
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In Texas, a customer who rents a battery from TIP Tech would generally be required to exercise reasonable care to protect the rented property. This is typically the standard duty for rented goods.
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If a bailee owes a duty of great care to protect the property at issue, who would we say is the primary beneficiary of that bailment agreement? The bailee Neither the bailee nor the bailor Both the bailee and the bailor equally The bailor
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In this scenario, if a bailee owes a duty of great care to protect the property, the primary beneficiary of that bailment agreement is typically:
- The bailor
The bailor benefits because their property is receiving a high level of care and protection.
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that was wrong
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The primary focus in these questions seems to be around understanding concepts like vicarious liability, property classification, and bailment.
In the case of Peter's accident, there is a strong likelihood that TIP Tech would not be liable for tort damages because his actions (drinking at a pub and driving home) were personal and not within the scope of his employment. This is a general principle in Texas law.
In the situation with Tyler and Paulo, TIP Tech may be liable under the "work-related test" if Texas law applies this standard, given that the incident occurred at work.
For the question about Mariel and the car dealership, Mariel may be liable under the concept of partially disclosed agency since she did not reveal Loren's name.
For the property classifications, the answers provided are correct:
- Lost property: The cake that fell from Red's basket.
- Mislaid property: The cake left on the rock.
- Abandoned property: The cake thrown into the woods.
Regarding Sam Shady and the wallet, the appropriate action would be to return it to the ice cream parlor owner or attempt to find Jake.
About the Monet painting, your parents still own it because there was no delivery of the gift.
For the slice of pizza in the garbage can, it would generally be considered abandoned property.
For the bailment scenarios:
- Bailment for the benefit of the bailor when your friend feeds your dog.
- Bailment for the benefit of the bailee when your friend asks to stay at your house and play with the dog.
For the battery rental service, customers must exercise reasonable care to protect the rented battery.
Finally, in a bailment agreement where the bailee owes a duty of great care, the primary beneficiary is typically the bailor.
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Under most modern laws, which of the following bailees would be subject to strict liability for any damage done to the property? Innkeeper None of these Common carrier Warehouse company
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The bailee subject to strict liability for any damage done to the property under most modern laws would be:
- Common carrier
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Which of the following is a form of tangible personal property? Corporate stock A trade secret A bank account Cash
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Cash is a form of tangible personal property.
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Which of the following is required in order to make a valid gift? Consideration Delivery A written agreement Offer
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To make a valid gift, the following is required:
- Delivery
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If someone gives a gift to a relative on their deathbed but then recovers from their illness, must they follow through with giving the gift? No, because it was a gift causa mortis. Yes, because it was an enforceable contract. Yes, if there was intent, delivery, and acceptance. No, because it was a gift inter vivos.
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No, because it was a gift causa mortis. A gift causa mortis is typically given in contemplation of imminent death. If the giver recovers, the gift is usually revoked.
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If your prize-winning horse gets pregnant and has another horse, you now own two horses because of the doctrine of: bequest. confusion. production. accession.
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The correct answer is accession. Under the doctrine of accession, the owner of an animal also owns any offspring produced by that animal.
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Who has the highest rights with respect to lost property? The owner of the location where the property was found The true owner None of these The person who finds the lost property
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The true owner has the highest rights with respect to lost property. If you have any more questions or need further legal information, feel free to ask!
If you find a credit card in the card payment slot at a gas pump, it seems likely that the card’s true owner will remember where it was left and come back to retrieve it. This is known as: abandoned property. lost property. bailment property. mislaid property.
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The credit card found in the card payment slot at a gas pump would be considered mislaid property. Mislaid property is property that is intentionally placed somewhere but then forgotten.
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In which of the following situations would the finder of property most likely immediately become its new true owner? The property is found on the counter at a coffee shop. The property is found on the floor inside a restaurant. The property is found on the curb in front of a house. The property is found in someone’s wallet while it’s in that person’s pocket.
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If you find property on the curb in front of a house, it is likely considered abandoned property. In that case, the finder may become its new true owner. Would you like more information on property laws or any other legal matters?
Which of the following is not a required element of a valid bailment? Delivery of possession An agreement between bailor and bailee Personal property Payment
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The required elements of a valid bailment do not include payment. The essential elements are:
- Delivery of possession
- An agreement between bailor and bailee
- Personal property
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If a bailee owes a duty of slight care to protect property in its possession, this is probably a: bailment for the benefit of the bailee. mutual detriment bailment. mutual benefit bailment. bailment for the benefit of the bailor.
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The correct answer is:
- bailment for the benefit of the bailor
In this scenario, the bailee owes a duty of slight care because the primary benefit is to the bailor. If you have any more questions or need further assistance, feel free to ask!
Which of the following is not a right of a bailee in a mutual benefit bailment? Right to compensation Right to possess property Right to transfer property Right to limit liability
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- The right to transfer property is not a right of a bailee in a mutual benefit bailment.
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Why aren’t all employer–employee relationships also principal–agent relationships? Because not all employees have the authority to bind their employer Because employees are not independent contractors Because employees have the authority to make their own decisions about how to complete their tasks Because employees do not have a duty of obedience to their employer
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Not all employer–employee relationships are also principal–agent relationships because not all employees have the authority to bind their employer. This authority is a key characteristic of a principal-agent relationship, and without it, an employee is simply performing tasks without the legal capacity to make decisions or enter into contracts on behalf of the employer.
Why aren’t all employer–employee relationships also principal–agent relationships? A. Because not all employees have the authority to bind their employer B. Because employees are not independent contractors C. Because employees have the authority to make their own decisions about how to complete their tasks D. Because employees do not have a duty of obedience to their employer
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A. Because not all employees have the authority to bind their employer.
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Suppose you and another person have never agreed to enter into an agency relationship, but it’s a reasonable inference from your actions that you have treated the other person like your agent. When this happens, a court will probably conclude that you have which type of agency relationship? Apparent agency Agency by ratification Express agency Implied agency
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This situation would likely be classified as an "Implied agency" relationship. Courts can infer an agency relationship from the actions and conduct of the parties involved, even if there was no formal agreement.
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If two people have never agreed to enter into an agency relationship but one of the parties has acted in such a way as to make some third party reasonably believe that the other party was its agent, then a court will probably conclude that they have which type of agency relationship? Apparent agency Implied agency Agency by ratification Express agency
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This situation describes an "apparent agency" relationship. Apparent agency occurs when one party’s actions lead a third party to reasonably believe that another party is authorized to act on their behalf, even if there was no formal agreement.
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An agent’s responsibility to keep an accurate record of its activities and money spent on behalf of the principal is called the: duty to notify. duty to account. duty of obedience. duty of loyalty.
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The responsibility you're referring to is called the duty to account. This duty requires agents to keep accurate records of their activities and expenditures on behalf of the principal.
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Which of the following actions would not be a breach of the agent’s duty of loyalty? Working on the side for a business that directly competes with the principal Disclosing confidential information about the principal’s business to a customer Deciding not to inform the principal about an aspect of a business deal that could negatively impact the principal Deciding not to inform the principal about a potential business opportunity in order to take the opportunity for themself
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Deciding not to inform the principal about an aspect of a business deal that could negatively impact the principal would not be a breach of the agent’s duty of loyalty. The other actions listed are clear breaches of loyalty and trust.
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Suppose you and your employer agree that you will be paid a certain commission for each sale that you make on behalf of your employer. If your employer fails to pay your commissions, which duty have they violated? Duty to indemnify Duty to reimburse Duty to compensate Duty to act in good faith
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Your employer has violated their duty to compensate. This duty requires employers to pay their employees the agreed-upon wages, including commissions.
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In which of the following scenarios will an employer be liable for the tort committed by its employee? The employee was on a frolic and detour when the tort was committed. The employee committed the tort intentionally for their personal benefit, after working hours and not at their work location. The employee was on a dual-purpose mission when the tort was committed. The employee was commuting to or from work when the tort was committed.
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The employer is most likely to be liable in the scenario where the employee was on a dual-purpose mission when the tort was committed. A dual-purpose mission involves activities that serve both the employee's personal interests and the employer's business purposes, which can fall within the scope of employment.
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Suppose you’re distracted at work and accidentally slam the door to your workplace on the fingers of a customer. Can the customer recover damages from you personally? Yes, but only if your actions were not motivated by a desire to further the employer’s purposes. No, because the action was unintentional. No, because it happened at a business, so only the business is liable. Yes, because everyone is always liable for their own torts.
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The customer can potentially recover damages from you personally. In Texas, individuals can be held personally liable for their own torts, even if the actions were unintentional and occurred at work.
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In which scenario will the principal not be liable for the contract? The agent is authorized to sign the contract, and the other party knows of the existence and identity of the principal, so the agent signs the contract on behalf of the principal. The agent is not authorized to sign the contract, but the principal gave the other party reason to believe that they were, and the agent signs the contract on behalf of the principal. The agent is authorized to sign the contract on behalf of the principal but does not disclose the principal’s existence or identity to the other party. The agent signs the agreement and discloses that they are an agent for the principal, but the principal did not authorize the signature.
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The principal will not be liable for the contract in the scenario where the agent signs the agreement and discloses that they are an agent for the principal, but the principal did not authorize the signature. This is because authorization is a key element for the principal to be bound by the agent's actions.
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