Essay Flashcards

(a) Identify the controlling doctrine governing liability for the acts of persons made responsible for others in this context.
(b) Distinguish when the employer’s liability attaches and when the tortfeasor bears primary liability.
(c) Apply the doctrine to these facts: Mira is a courier employed by SwiftCart and uses the company scooter to perform her delivery route. She leaves the assigned route to drop off a private package for her sister, not part of SwiftCart’s business, and, while driving back toward the route, runs a red light and injures a pedestrian, Noah. Noah sues Mira (the tortfeasor) and SwiftCart (the employer). Is SwiftCart vicariously liable for Noah’s injuries? Is Mira personally liable?