Multistate Bar Examination Practice Question

A delivery driver employed by FastGoods Inc. is making a delivery during his work hours. While using his smartphone, he runs a red light and strikes a pedestrian, causing serious injuries. Can FastGoods Inc. be held liable for the driver's actions under vicarious liability principles?

  • No, because the driver was using his smartphone at the time of the accident.

  • No, because the incident was not authorized by the employer.

  • Yes, because the driver was acting within the scope of his employment.

  • Yes, if FastGoods Inc. had a policy against smartphone use.

Multistate Bar Examination
Torts
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