While making a delivery,Barry,a delivery driver for XYZ Company,went through the drive through at a local restaurant to get a cup of coffee and bumped into the car in front of him doing some damage to the car's bumper.Which of the following is true regarding the liability of XYZ Company for the damage to the car?
A) As a matter of law, XYZ Company is not liable because Barry was acting on his own behalf.
B) As a matter of law, XYZ Company is not liable because only property damage is involved.
C) As a matter of law, XYZ Company is liable because a company is liable for any torts committed by an employee during working hours.
D) Whether or not XYZ Company is liable depends on whether Barry's acts are seen as substantial departure from his work.
E) Whether or not XYZ Company is liable depends on how long Barry has worked for the company.

Question

Quizplus · Accepted Answer

If an agent makes a substantial departure from the course of the employer's business, the employer is not liable.

While Making a Delivery,Barry,a Delivery Driver for XYZ Company,went Through