Know these before answering the question:
- Describe the nature of the employer-employee relationship in the US.
- Describe the difference between and employee and an independent contractor.
- Explain how the law treats an employer’s relationship to its employees and the policy reasons that justify the law.
- Understand the theory of vicarious liability and respondeat superior as it relates to employees.
- Understand the difference between vicarious and direct liability in the form of negligent hiring.
IRAC question:
UseQuality Day Care Center of Seattle hired Mad Max as a new bus driver to drive the children in its care on their weekly field trips. One day, Max is driving a group of 4 and 5 year olds to the Children’s Museum when he experiences severe road rage in response to a traffic jam in downtown Seattle. Max starts driving out of control and eventually ends up running off the road and into a corner wall of a parking garage. Several of the children on the bus are severely injured. Their parents file suit against the Quality Day Care Center. What claims do they possibly have against the Center and do you think they will be successful? Explain your reasoning.
given below is an example.
