Abel Was Employed as a Security Guard for Seep Corporation

question 12

Multiple Choice

Abel was employed as a security guard for Seep Corporation.Abel's job was to guard a fenced-in area and to use force to keep intruders from climbing the fence to enter the plant.His working hours were from 8:00 A.M.to 5:00 P.M.At about 11:00 P.M.one evening,Abel drove past his place of employment.He saw a teenager named Johnny climbing the outside of the fence that he guarded during the day.Angered by this violation of Seep's property rights and by the fact that Johnny had called him a "potbellied moron" only three days earlier,Abel stopped his car,ran up to the fence,pulled Johnny off of it,and beat him up.Johnny sues Seep Corporation for Abel's assault and battery (both intentional torts) .Which of the following is most likely to be the court's verdict?

• A)Seep's is directly liable because Abel was an employee of the corporation at the time of the incident.
• B)Seep's is not liable because Abel didn't act within the scope of his employment.
• C)Seep's is liable under the doctrine of respondeat superior,since Abel was an employee.
• D)Seep's is not liable for the intentional torts committed by its employees.

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Definitions:

Unconditional Assignment

The transfer of all rights and interests in a piece of property or contract to another party without any conditions.

Rights of Assignee

Legal entitlements transferred to an assignee, allowing them to claim the benefits under the contract or agreement from the assignor.

Business Loan

A loan specifically intended for business purposes, where funds are lent to a business entity in exchange for future repayment of the loan principal amount along with interest or other finance charges.

Investor

An individual or entity that allocates resources with the expectation of achieving a financial return.