Question

Parkway Distributors is a wholesale firm that employs several outside salespersons. Emily, a salesperson employed by Parkway Distributors, was involved in an accident with another motorist while she was using her car to make regular sales calls for Parkway Distributors. Emily and the motorist are seriously injured in the accident. The motorist sues both Emily and Parkway Distributors for the injury based on negligence.
1. Describe the requirements that the motorist must establish to show that Emily is guilty of negligence.


2. On what legal basis might Parkway Distributors be held legally liable for the injury to the motorist? Explain your answer.


b. Tom asks his girlfriend, Megan, to go to a supermarket and purchase some steaks for dinner. While driving Tom’s car to the supermarket, Megan failed to stop at a red light and seriously injured a pedestrian. Does Tom have any legal liability for the injury? Explain your answer.

Answer 1

Answer:

Legal obligation will arise from inadvertence of one thing or a deliberate act. There are 3 categories of erroneous conduct lawfully. Its fissure of agreement, corruption and one who is pretentious or abraded thanks to the act of additional person.

(1)  

The necessities that the automobile should demonstrate to carry mister. Embarrassed of carelessness are as per RES IPSA LOQUITUR belief. The belief RES IPSA LOQUITUR suggests that "the factor expresses for himself". In keeping with this opinion, the broken or damage himself is that the resistant and it expresses for the performance of the inattention. This belief needs the subsequent things:  

• The affair or act ought to happen thanks to the carelessness
• the carelessness ought to cause some injury or damage
• the litigant ought to have fashionable management over the device or instrumentality.
• The casualty shouldn't have underwrote something to the carelessness.

(2)  

Permitting to the law of carelessness, underneath request of householders and operatives of vehicles, P. Suppliers are control lawfully chargeable for the grievance to the automobile. In keeping with this, the vendor of vehicle United Nations agency energies sloppily and origins grievance is liable for the obligation produced to the broken individual. The proprietor will have the instruction of last vibrant probability. Enclose if the worker of the car isn't the proprietor then the possessor is not liable for the act of the carelessness of the worker delivered if there's associate deficiency of agency association. During this case, agency association exists. Thus, P Distributors are control chargeable for the injury to the celebration.

(b)  

The possessor of vehicle United Nations agency drives inaccurately and causes grievance is liable for the liability produced to the broken individual. The possessor will have the instruction of last vibrant probability. In case, if the worker of the car isn't the possessor then the proprietor is not liable for the performance of the carelessness of the worker delivered if there's associate deficiency of agency association. During this case each belief of RES IPSA LOQUITUR and regulation of carelessness are pertinent. Thus, the Mr. Tom is control chargeable for the performance of his partner.