Fact Pattern 14-1 Emile Owns Emile's Used Car Emporium. Several People Work for People

question 183

Multiple Choice

Fact Pattern 14-1
Emile owns Emile's Used Car Emporium. Several people work for him at the Emporium. When Emile is gone, he leaves one of his best salespersons, Meg, in charge. Over the years, Emile has given Meg the authority to contract with vendors, negotiate sales, and conclude car sales contracts in his name.
One August, Emile takes a long vacation, leaving Meg in charge. While he is gone a hurricane hits Florida where the Emporium is located, causing severe damage. Because Emile is floating down the Amazon, Meg cannot reach him for instructions. She decides that rather than leave the place in shambles, she will hire people to repair the Emporium.
Meg hires a carpenter to rebuild a wall that was blown down by the storm. Phil, the carpenter, is busy at work on his scaffold when Meg's Scottish terrier Adam, who she keeps with her at work, plows into the scaffolding while chasing a cat. Phil is knocked off the scaffold and falls ten feet to the ground, suffering a broken leg.
-Refer to Fact Pattern 14-1. Meg was negligent in allowing her dog to run wild at the Emporium, but Emile had never objected to the dog being around. If Meg's negligence is the cause of Phil's harms, then:

• A) Meg is personally liable for compensating Phil; Emile could not be held liable
• B) Phil may not collect from Meg or Emile because he assumed the risk of working for Emile
• C) Emile is liable for compensating Phil under the doctrine of respondeat superior
• D) Meg is personally liable for compensating Phil under the doctrine of vicarious liability
• E) Emile is not liable for compensating Phil under the doctrine of non-indemnification

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Definitions:

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