A car mechanic is employed by the defendant to repair cars and check that each repair works properly.…
The employer is vicariously liable because the short test drive checks the repair and falls within the mechanic's stated duties. Negligence in performing that work does not…
Choose your answer
A car mechanic is employed by the defendant to repair cars and check that each repair works properly. After repairing a car, he takes a short test drive solely to check the repair. During that test he negligently causes an accident injuring the plaintiff. The employer is
Answer and explanation
Correct answer C
The employer is vicariously liable because the short test drive checks the repair and falls within the mechanic's stated duties. Negligence in performing that work does not put it outside the course of employment. The rule does not impose liability for every employee wrong wholly unrelated to the employment.
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