LS-185 Laurie Classon Unit 8 Respondest Superior 12-11-23
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Respondeat Superior
Laurie Classon
Purdue Global University
LS185: Introduction to American Jurisprudence
Professor Tarhan
December 11, 2023
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Respondeat Superior
When assessing whether an employee was working on behalf of their employer during
an incident, two main standards are utilized by states: the benefits test and the characteristics
test. The benefits test centers on whether the employee's actions were advantageous to the
company. However, this test does not apply if the employee is present for social or
recreational purposes. It is important to note that if the employee engaged in negligent or
unlawful conduct, they must have been acting during their employment or in the best interests
of the employer. Additionally, for an employee to be deemed as representing the employer
during the incident, it is necessary that Mr. Bunn acted as the employer's agent or on their
behalf.
The legal principle of "respondeat superior" could be applicable in this situation. It
states that employers are responsible for their employees' actions during work hours. In this
case, Mr. Bunn was hired by Erol's Savannah Tour and Courier Service to drive the tour bus
and provide tours. The attack and harassment happened while he was giving the tour over the
loudspeaker. Since there is an employer-employee relationship and the activities took place
during employment, respondeat superior may be applicable. State law frequently governs
respondeat superior, and the particulars of its application will determine the outcome.
According to the legal concept of "respondeat superior," an employer is responsible for
their employee's actions when they are working. In this case, Mr. Bunn was an employee of
Erol's Savannah Tour and Courier Service, hired to drive the tour bus and provide tours.
While giving a tour over the loudspeaker, he attacked and harassed passengers. Respondeat
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superior law applies in situations where there is an employer-employee relationship and the
conduct occurred while Mr. Bunn was doing his job.
Consequently, Erol's Savannah Tour and Courier Service could be accountable for Mr.
Bunn's acts while he worked there. The most common defense would be to say that the
activities were not related to his job or that hiring carelessness resulted from inadequate
background checks. This case may have a criminal component, which means that even if the
bus passengers hired counsel instead of calling the police and filing a complaint, Mr. Bunn
may still be charged with a crime. For acts of abuse and violence, the police may bring
criminal charges and civil lawsuits. This might force Mr. Bunn to appear in court and perhaps
pay penalties or even go to jail.
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References:
Team, I. (2022, July 12).
Master-Servant Rule: Meaning, Overview, Examples
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Master-Servant Rule - Explained
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Legal Dictionary. (2013, October 15) Respondeat superior. In
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Dictionary.com.
https://legaldictionary.net/respondeat-superior/
Bieber, C. (2023, February 21).
What Is Respondeat Superior?
Forbes Advisor.
https://www.forbes.com/advisor/legal/personal-injury/respondeat-superior/
respondeat superior
. (n.d.). LII / Legal Information Institute.
https://www.law.cornell.edu/wex/respondeat_superior
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