David,a partner in the Tri-State Express Mail delivery partnership,negligently drove his delivery truck onto the curb during a rush-hour package delivery.Marlene was injured.Against whom can Marlene collect?
A) Only David
B) Only the other partners
C) Tri-State Express Mail Partnership or any partner
D) Only Tri-State Express Mail Partnership

Question

Quizplus · Accepted Answer

Marlene can collect from both the partnership and any partner who was involved in the negligence. Since David is a partner in the Tri-State Express Mail delivery partnership, he is also liable for the negligence. Therefore, Marlene can collect from either the partnership or David. The other partners may not be directly involved in the negligence but they can still be held liable under the rule of vicarious liability.

David,a Partner in the Tri-State Express Mail Delivery Partnership,negligently Drove