Sam is a sales representative for the Incman Corporation. Sam has a terrible driving record and has had his driver's license revoked, but nevertheless he continues to drive the company car for his job. One day he drives too fast for conditions, goes through a red light, and strikes a pedestrian. The accident happened despite the fact that Sam's supervisor at Incman had repeatedly reprimanded him and advised him to drive more cautiously. Incman:
A) has no liability, because they did not authorize Sam to drive carelessly.
B) has no liability, because Sam's actions were not a tort.
C) is liable even though it did not authorize Sam to drive carelessly, because it employed an improper person as its agent.
D) has no liability, because it has adequately supervised Sam as its agent.

Question

Quizplus · Accepted Answer

Incman is liable because it employed an improper person as its agent, knowing that Sam had a terrible driving record and had his license revoked. Incman had a duty to ensure that its agents were competent and safe drivers, and it breached that duty by allowing Sam to continue driving despite his history of reckless behavior. Therefore, Incman can be held responsible for the harm caused by Sam's actions.

Sam Is a Sales Representative for the Incman Corporation