Jimmy, a cashier at Maker Stores, gets into a heated argument with a customer over which party will win the upcoming elections, which results in a fight. Maker Stores is liable for Jimmy's tortious actions.

Question

Quizplus · Accepted Answer

If a store's service representative strikes a customer during an argument over the return of merchandise, the store will be liable under respondeat superior. But if the argument concerns football instead of the return of merchandise, the store will not be liable. The difference is that the argument over football is not within the scope of employment.

Jimmy, a Cashier at Maker Stores, Gets into a Heated