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Question
(a) Identify the doctrine of Indirect Liability for Intentional Acts applicable to the following scenario and state the controlling rule.
(b) A property development firm Delta Builders engages SafeGuard Security to patrol and secure a construction site adjacent to neighbor N. Under SafeGuard’s instruction, a guard deliberately damages N’s boundary fence to create a shortcut for vehicles delivering materials to the site. N sues Delta Builders for the fence damages. Apply the doctrine to determine whether Delta Builders is vicariously liable for the guard’s intentional act, focusing on scope of employment and whether the act was authorized or within the course of employment.
(c) Briefly discuss the effect on N’s land/possession if liability attaches.