Jayne shows up to work, quite drunk. The manager tells Jayne to go home but Jayne heads for
the nearest bar, behind the wheel of a stolen car. On the way there, Jayne gets into a bad automobile
accident. Jayne's employer will escape liability for Jayne's actions because
A) the employer owed no duty of care regarding Jayne's actions
B) Jayne exceeded a grant of authority
C) this was a frolic
D) this was a detour
Q. #2A retailer's security guard holds a customer for several hours on suspicion that the customer is a
shoplifter, which is not the case. If the customer sues the retailer on a theory of vicarious liability for
false imprisonment, the customer will
A) win, since the security guard was acting within the scope of employment
B) lose, because principals are not liable for the intentional torts of their agents
C) win, since the security guard was an off-duty police officer
D) lose, because the retailer has posted a sign at the entrance, All shoplifters will be
prosecuted to the full extent of the law
Q. #3The difference between a deviation from the scope of employment, a frolic and a detour may
A) depend on the agent's intelligence
B) whether the agent's negligence resulted in injuries
C) depend on whether the employee had done this before
D) be none at all
Q. #4The issue of frolic and deter looks to
A) whether the principal has created an agency before
B) the agent's experience as an agent
C) the principal's grant of authority to the agent
D) whether the principal has disclaimed all warranties
Q. #5According to the family purpose doctrine, the owner becomes vicariously liable
A) for drivers who are family members
B) only when the automobile has failed a safety inspection
C) regardless of who is driving the owner's automobile
D) only if the jurisdiction has also enacted an automobile consent statute
Q. #6According to vicarious liability, a principal could be liable for an agent's
A) membership in a particular organization
B) tortious conduct
C) training
D) delegation of authority
Q. #7The concept that the principal can dictate to the agent how the agent can best serve the interests of
the principal is called
A) control B) privity of contract
C) warranty of fitness for a particular use D) tortious
Q. #8When an agent materially deviates from the grant of authority, the agent has engaged in
A) a detour B) vicarious liability
C) a tort D) a frolic
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