Abel was employed as a security guard for Seep Corporation. Abel's job was to guard a fenced-in area and to use force to keep intruders from climbing the fence to enter the plant. His working hours were from 8:00 A.M. to 5:00 P.M. At about 11:00 P.M. one evening, Abel drove past his place of employment. He saw a teenager named Johnny climbing the outside of the fence that he guarded during the day. Angered by this violation of Seep's property rights and by the fact that Johnny had called him a "potbellied moron" only three days earlier, Abel stopped his car, ran up to the fence, pulled Johnny off of it, and beat him up. Johnny sues Seep Corporation for Abel's assault and battery (both intentional torts). Which of the following is most likely to be the court's verdict? Group of answer choices

Answers

Answer 1

Answer:

B. Seep's is not liable because Abel didn't act within the scope of his employment.

Explanation:

According to the facts, Abel is a rightful employee of Seep Corporation. And he also has a duty to preserve the interest of his employer.

But at the same time, his act of beating up and assaulting Johnny was done outside of the jurisdiction of his working hours. And as such, he wasn't covered in the company's rule of using "force to keep intruders from climbing the fence to enter the plant". Moreover, the personal attack that Johnny had done on him makes this assault personal. So, Abel's attack on Johnny has nothing to do with the company he works for, and the Corporation is not liable for any charges or damages that their employee had done outside of his 'employment' hours.

Thus, the correct answer is option B.


Related Questions

hii guys ..help

What does a text need for it to become a novel?

Answers

A manuscript over 40,000 words is considered to be a novel. However, very few novels these days are as short as that. Generally a 50,000-word novel would be the minimum word count. Most novels are between 60,000 and 100,000 words.

Answer: A manuscript over 40,000 words is considered to be a novel. However, very few novels these days are as short as that. Generally a 50,000-word novel would be the minimum word count. Most novels are between 60,000 and 100,000 words.

Explanation:

The fact that statutes requiring a license only requires payment of a fee indicates that the purpose of the law is to:

Answers

Answer:

"Raise money" is the right answer.

Explanation:

Trying to raise a certain amount of income to support somebody or something, whether through employment as well as a charitable organization. After that, because there's no requirement specification provision and therefore only referenced funds (to expect to be paid fee) for obtaining a license.

So that the above is the correct choice.

Adia filed a case against Chang in the court at Ohio. However, Chang had never visited Ohio and had no personal ties with anyone in Ohio. Chang could successfully argue that the court:________

a. was in proximity to the place where Chang resides.
b. lacked personal jurisdiction.
c. was limited by subject matter jurisdiction.
d. did not have judges that would understand the languagespoken by him.

Answers

Answer:

b. lacked personal jurisdiction

Explanation:

A court is said to lack personal jurisdiction when the offense or activity doesn’t take place in the location of the court or when the court isn’t situated in the state of origin of the defendant.

Ada filing the case against Chang at a court in Ohio which isn’t Chang’s state of origin and in which he has not visited before means that the court at Ohio lacks personal jurisdiction to progress with the case.

An employee who uses his or her company e-mail system to communicate privately with his or her lawyer has waived the privilege and the content can be used in court.

a. True
b. False

Answers

Answer:

False

Explanation:

Explain the difference between Personal Injury Protection and Property Damage Liability insurance.

Answers

Answer: Property damage liability insurance helps pay for damage to someone else’s car PIP (personal injury protection) covers medical expenses regardless of who’s at fault.

Explanation:

Liability insurance covers costs associated with injuries or property damage sustained by others as a result of an accident that was your fault. PIP, often known as no-fault insurance, pays for your medical bills regardless of who caused the accident.

What is  Personal Injury Protection ?

In some U.S. states, personal injury protection is an addition to auto insurance that provides coverage for medical costs, maybe lost earnings, and other harms.

Your medical expenses and lost wages are covered by personal injury protection (PIP) insurance if you or your passengers are hurt in a car accident. In most states, PIP is not required.

In most places, having property damage liability insurance is required by law. If you are at blame for an automobile accident that damages another vehicle or piece of property, like a fence or building front, it usually helps cover the cost of repairs.

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Select the correct answer. Assume that you are a member of a special interest group that wants to raise taxes on certain items. Who would you present your idea to if you wanted it to be proposed as a bill? A. a Supreme Court justice B. the president C. the American people D. a senator E. a member of the House

Answers

Answer:

the house of representatives or E a member of the house

Explanation:

in Article I, Section 7, of the Constitution provides that all bills for raising revenue shall originate in the House of Representatives but that the Senate may propose, or concur with, amendments. By tradition, general appropriation bills also originate in the House of Representatives.

All bills to raise money must come from the House of Representatives, according to Article I, Section 7, of the Constitution, though changes may be proposed or approved by the Senate. General appropriation legislation typically start in the House of Representatives as well. Hence  option E is correct .

Who are a member of the House ?

The lower house of the United States Congress is the House of Representatives, sometimes known as the House of Representatives, the U.S. House, or just the House. The Senate is the upper chamber. They make up the United States' bicameral national legislature as a whole.

The United States Constitution's Article One established the makeup of the House. According to the Uniform Congressional District Act, the House is made up of representatives who sit in single-member congressional district  based on population as determined by the United States Census, with one representative allotted to each district, provided that each state is entitled to at least one.

All representatives have been chosen directly from the government's foundation in 1789, although universal suffrage did not become a reality until after the Civil Rights Movement and the 19th Amendment's ratification.

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Why the criminal justice system continues to fail taxepayers?

Answers

The criminal justice system in the United States serves the purpose of upholding the rule of law and ensuring the safety of citizens. It works under the notion that the country operates under certain rules, and that breaking those rules results in a punishment. However, the system is flawed and there are several reasons why it continues to fail the taxpayers who fund it.

One problem of the criminal justice system is that it relies on processes that are flawed by their very nature, such as human memories, fingerprints, DNA evidence and eyewitnesses. This can result in wrong convictions of innocent people.

Another problem of the system is that many people who work in it possess biases. Judges, lawyers, and the police can be biased towards certain races, gender, age groups or other groups of people. This makes it difficult for justice to be administered fairly to all people.

Finally, another problem of the criminal justice system is that over time, sentences have become longer, more serious, and more common. However, these sentences do not always deter crime, and often get in the way of the rehabilitation of past convicts. This defeats the purpose of the system and makes it difficult to ensure the safety of the population.

A person may legally ride in the back of a pickup truck when: The sides of the pickup bed are at least 24 inches high. The back of the pickup is covered with a camper shell. In a secured seat and while using an approved safety belt.

Answers

Answer:

C.  In a secured seat and while using an approved safety belt.

Explanation:

Pick up trucks are manufactured for the purpose of transporting goods or other equipment but not for the transportation of humans. While riding at the back of a pickup truck can seem enticing, if appropriate measures are not considered, then there would likely be an accident for the driver might take a sharp turn which could cause the passengers behind harm.

One of the laws for riding in the back of a pickup truck is possessing a federally-approved restraint system which protects the rider in the bed of the truck. So, the rider should seat in a secured seat with an approved safety seat belt to keep him protected in the event of a crash.

Legally speaking, a person can only ride in the back of a pickup truck when  In a secured seat and while using an approved safety belt.

When can a person ride in a pickup?

The back of a pickup truck is open and can lead to someone falling off if they aren't careful.

For this reason, the law demands that the back should have a secured seat which has a seatbelt that is approved by the relevant authority. If this isn't the case then no one should sit in the back.

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When prices for homes rise, why might construction companies decide to build more homes?

A. to increase employment
B. to make a profit
C. to create a need for more resources
D. to boost name recognition

Answers

Answer:

B. to make a profit

Explanation:

Profit is the major reason why so many people venture into any business and construction companies are no different.

According to the law of supply, when demand increases and the supply is not met, then the price increases. According to the same law, if the demand decreases, then the price also decreases. For a well functioning market, there needs to exist an equilibrium between demand and supply.

The construction companies decide to build more homes when the prices for homes increases to meet the demand and make a profit.

Answer:B. to make a profit

Explanation:

If you see a large truck from oncoming traffic driving towards you, you should try to

Answers

Go to the side of the road

- The American Medical Association classifies alcohol as:

Answers

Answer:a disenfectant?

Explanation:alcohol disenfects wounds

If you drive under the influence, you
A. Increase the risk of killing yourself or another person.
B. Will have to pay double the fine if you’re ticketed for speeding.
C. Are less likely to be injured in a collision.
D. I’m not committing a crime unless your BAL is .08 or higher

Answers

Answer:

the answer is a.

Explanation:

cuz you still arent 100 pecent paying attwntion

Answer:

A. Increase the risk of killing yourself or another person

Explanation:

While under the influence, you're not fully conscious or aware of your surroundings. That being said, driving is a task that acquires the driver to be conscious and to have awareness for their safety and the other driver's safety. If the driver is intoxicated, they risk a collision and killing people if the collison is deadly.

Which government body authorized CTSOs? Through the Carl D. Perkins Career and Technical Education Improvement Act, the has authorized CTSOs.

Answers

CTSO's also called as Carl D Perkins Vocational and Technical Educational Act was authorized by Federal Government i.e. The Congress in 1984.

What is CTSO?

CTSO is a principal source of federal funding to states and discretionary grants for the improvement of secondary and post secondary career and technical education program across the nation.

The purpose of the act is to develop fully the academic, career and technical skills of secondary and post secondary students who elect to enroll in career and technical education program.

The act also aims to increase the quality of technical education within the United States in order to help the economy.

History:

The Smith-Hughes Act of 1917 was the first authorization for the federal funding of vocational education. Subsequent legislation for vocational education included the Vocational Act of 1973 and the Carl D Perkins Act of 1984.

Later different forms of act like Perkins II in 1990, Perkins III in 1998 and Perkins IV in 2006 were introduced.

In 2018 President Trump signed into law for the re authorization of the Act in 2018 under the name of Perkins V passed unanimously by the Congress.

The Perkins IV included three major areas of revision:

- Use of career and technical education instead of vocational education

- Maintaining the Tech Prep program as a separate federal funding stream within the legislation

- Maintaining state administrative funding at 5% of a state's allocation.

What is Federal Government?

Federalism is a mixed or compound mode of government that combines a general government with regional governments in a single political system, dividing the powers between the two.

The political principles that animate federal systems emphasize the primacy of bargaining and negotiated coordination among several power centers. They stress the virtues of dispersed power centers as a means for safeguarding individual and local liberties

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Casey Martin was a golfer on the PGA Tour who, due to an illness, needed a golf cart to move around the course. After being denied permission to use a cart, Martin sued the PGA. Many of the players on the tour objected to the suggestion that Martin should be allowed to use a cart. Which of the following objections to Martin’s being allowed to use the cart is an expression of teleological reasoning?a) “Walking the course is part of the game. If you allow Martin to ride a cart, he really isn’t playing the game anymore.” b) “If Martin does not have to walk the course, he will have an unfair advantage.” c) “The PGA is a private organization. The courts should not tell a private organization what to do.” d) (a) and (b). e) (a), (b), and (c).

Answers

Answer:

d) (a) and (b).

Explanation:

Teleology is any philosophical account of the purpose of a thing

Teological reasoning has to do with finding a reason to explain the phenomena in relation to purpose they serve instead of their causes.

From the scenario given, Martin was refused permission to use a cart to play golf due to an illness and the objections to Martin's use of the cart are a0 a) “Walking the course is part of the game. If you allow Martin to ride a cart, he really isn’t playing the game anymore.” b) “If Martin does not have to walk the course, he will have an unfair advantage.”

Answer: A

Explanation:

Gillcore is about to go public and begin selling securities. As a new public company, what steps must Gillcore take in order to stay in line with the requirements of the Securities Act?

Answers

Answer:

The obligations depends on what types of company it is and what type of securities it is offering.

Explanation:

Ideally, the company is required to file a registration statement (discloses all material information concerning the company) and prospectus with the SEC before it may offer its securities for sale. However, the obligations depends on what type of company it is and what type of securities it is offering. This is because SEC classify companies as smaller reporting and emerging growth company hence requires different disclosures that are not misleading in addition to filling registration documents and prospectus.

Which of the following is an example of an interest group?
O A. The Democratic Party
B. The Senate
O C. People for the Ethical Treatment of Animals
O D. The United Nations

Answers

The Democratic Party

It would be inappropriate to refer to "criminal law," as if it were a singular entity. Why is this? Discuss all that "criminal law" really includes in the U.S.

Answers

Answer:

In simple words, Crime legislation is an offence-related area of law. It forbids behaviour that is viewed as dangerous, hazardous and sometimes jeopardising the land, health , safety and spiritual well-being of others, including one's own self.

Criminal law differs significantly by territory and varies from common law, within which there is more focus on resolving disputes and market financing than on retribution or reintegration.

Criminal process is a formalised legal action that verifies the conduct of a felony and requires the perpetrator to be convicted or rehabilitated.

Which legal school of thought is illustrated in this dialogue? DONUT DAY AT THE OFFICE Part 7 Alison: (She stands during David's speech as if inspired but sits down once Bob starts talking.) Bob: Right. Power to the people David. Anyone else hungry? (He tries to slowly move to the donuts and Joyce continues to defend them like a point guard.) Lee: I have an idea that might address all of these issues. What if none of us have any of these donuts but instead we break up into teams and sell them to our coworkers for a profit? Instead of getting one or two donuts, we can stop on our way home and pick up a dozen of them each with our profits. In this case, we ignore the company stick-in-the-mud book regulations because, as you can see, we are obviously presented with some opportunities for a little economic development. Corporate rules here must bow to economic opportunity. If we let our rules block our prosperity, what kind of company will we become? End Part 7 Command school of thought. Law and economics school of thought. Sociological school of thought. Legal realism school of thought.

Answers

Answer:

The legal school of thought illustrated in this dialogue is:

Law and economics school of thought.

Explanation:

The law and economics school of thought postulates that economic analyses, theories, and methods should be brought to the practice and interpretation of laws.  This means that the tools of economic reasoning are the best tools for justified and consistent legal practices.  This school of thought is significantly one of the dominant theories of jurisprudence.

Are there limits to the right to cure? Does a breaching party have the right to cure the breach, or can the non-breaching party proceed directly to a damage claim?

Answers

Answer:

The overview of the particular question becomes demonstrated in the following portion on the clarification.

Explanation:

There seem to be limitations to something like the obligation to heal. Here rational duration seems to be the limit. An infringing party shall have the opportunity to remedy the infringement regardless of any non-confirmation given the period to fix or rectify the infringement having not terminated unless the infringing community notifies the non-infringing party of its determination to remedy the infringement and therefore remedies the infringement throughout the defined timeframe limits.Furthermore, if there would be an infringement resulting from non-conformance but perhaps the infringing party believes that there would be no infringement and the solution would be appropriate also if the infringing party seasonally shall notify the non-infringing party that perhaps the infringing party seems to have a reasonable amount of time to remedy the infringement.Therefore one thing becomes significant, the role including its defaulting party isn't constrained to healing by verifying requirements if it is suggested that fitting for the intent of healing is also part of the contract, therefore the party must ensure that healing suits the intention as well.

Bentham and Kant agree on?

Answers

Bentham and Kant agree on Maximizing pleasure and minimizing pain is all that matters, morally speaking.

Answer:

Morality constrains individual self-interest

Explanation:

both authors believe that morality puts limits on what any given individual may do in the pursuit of his or self-interest. For example: Kant argues that one should never make a lying promise, even if is one's interest to do so; Bentham argues that one shoukd maximise everyone's aggregate pleasure minus pain, not only one's own.

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