BUL 3310 Exam 3 Bailey Questions
and Answers 100% Pass
A master can normally avoid liability for damages caused by a servant if he can show that the servant
misunderstood his instructions
T or F? - ANSWER ✔✔-True
In contracts negotiated by an agent who is acting within the scope of his authority for a disclosed
principal, the agent, the principal, and the third party are equally liable on the contract
T or F? - ANSWER ✔✔-False
The legal doctrine that holds the master liable for the torts committed by a servant while acting within the
scope of this employment is ___
- quid pro quo
- respondeat superior
- caveat emptor
- alter ego liability - ANSWER ✔✔-Respondeat Superior
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In which of the following situations would an employee avoid liability for torts committed while carrying
out his employment obligations?
- a corporate officer acting on behalf of the corporation
- a servant following the instructions of his master
- an agent carrying out the orders of his principal
- none of the above; everyone has personal liability for the torts he commits - ANSWER ✔✔-None of the
above; everyone has personal liability for the torts he commits
Which legal rule will not impose punitive damages on a master for the torts of his servants unless the
master himself took some part in the wrongful action?
- vicarious liability rule
- durham rule
- complicity rule
- transferred liability rule - ANSWER ✔✔-Complicity rule
Which of the following is NOT a factor in determining whether a servant was acting within the scope of
his employment?
- was the servant carrying on the master's business when the tort was committed?
- was the servant disobeying the instructions of the master when the tort was committed?
- was the instrumentality of the injury furnished by the master?
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- did the master authorize the servant to use the instrumentality of the injury? - ANSWER ✔✔-Was the
servant disobeying the instructions of the master when the tort was committed?
Normally a master is not liable for torts committed by a servant while traveling from his home to the
workplace
T or F? - ANSWER ✔✔-True
Whether or not a servant was acting in the scope of his employment when he injured a third party is a
question of ___ to be decided by the ___
- fact, judge
- law, judge
- fact, jury
- law, jury - ANSWER ✔✔-Fact ; Jury
The general legal doctrine that holds one person responsible for the torts committed by another because
of the relationship they have to each other is ___
- respondeat superior
- vicarious liability
- primary liability
- transferred liability - ANSWER ✔✔-Vicarious liability
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Which legal principle always imposes punitive damages on a master if the wrongful conduct of the
servant in the course of business justifies punitive damages?
- vicarious liability rule
- complicity rule
- transferred liability rule
- durham rule - ANSWER ✔✔-Vicarious liability rule
Respondeat superior is a form of vicarious liability
T or F? - ANSWER ✔✔-True
In some states, a parent-owner is liable for any damages caused by a family member operating the
vehicle. This is the ___ doctrine
- durham
- family car
- in loco parentis
- family negligence - ANSWER ✔✔-Family car
When a servant completely abandons the master's work to pursue his own interests, the servant is on ___
- a detour
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