Question

A professional painter and his apprentice, in business as a partnership, were hired to paint a store. Midway through the job they ran out of paint, so the painter lent his truck to the apprentice to pick up more. On his way to pick up the paint, the apprentice stopped at a post office along the way to mail a personal letter. On pulling out of the post office parking lot, he negligently ran into a parked car, causing extensive damage.
If the car owner brings a negligence action against the painter, will she prevail?
A. No, because the apprentice is an independent contractor.
B. No, because a bailor is not vicariously liable for the torts of his bailee.
C. Yes, because the apprentice's stop at the post office was not a frolic.
D. Yes, because the apprentice was using the painter's truck.

Answer 1

Answer:

I think the answer is A.

Explanation:

The blame should be placed on the person driving the truck, not the one who owns the truck. Use the process of elimination and you can cross off D. It's not C either because that's simply unreasonable. Not B because no one said anything about bails. It has to be A. Furthermore, it mentioned, "in business as a partnership."