A Is Employed by B as a Truck Driver

question 36

Multiple Choice

A is employed by B as a truck driver.C is A's partner,and they go on deliveries together.One day,while backing up the truck,A drives negligently and injures C.C successfully sues B on the basis of vicarious liability.In a law suit by B against A

• A)the court will try to create a new employment contract between A and C so as to allow C to recover from A.
• B)the court will imply a term into A's contract of employment with B that A will take reasonable care and skill in the performance of his duties.
• C)the court will not imply any term into A's contract of employment with B.
• D)the court will look to custom and usage of the trade to determine whether it should imply a term in the employment contract between A and C.
• E)none of the above

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Definitions:

Positive Reinforcement

A process in behavioral psychology where a desirable stimulus is presented after a behavior, increasing the likelihood of that behavior being repeated in the future.

Response Strengthened

This term describes the process by which a behavior becomes more likely to occur as a result of reinforcement.

Negative Reinforcement

A behavioral principle where the removal of an unpleasant stimulus following a desired behavior increases the likelihood of the behavior occurring again.

Positive Reinforcement

A method of strengthening desired behaviors by presenting a desirable stimulus after the behavior occurs.