11. Alice and Dan were co-workers at R&R Security. As night guards, they worked
ID: 2747174 • Letter: 1
Question
11. Alice and Dan were co-workers at R&R Security. As night guards, they worked together at night when the building is empty. Dan regularly made sexual advances toward Alice that distressed her. However, Alice never complained about Dan’s conduct to her supervisor, who only worked during the day. Which of the following statements is most accurate?
A. R&R Corporation is not liable because Alice voluntarily accepted the job of a night custodian.
B. R&R Corporation is not liable because Dan is not Alice's supervisor
C. R&R Corporation may defend that it did not know about Dan’s harassment of Alice
D. R&R Corporation is strictly liable for Dan’s harassment of Alice
12. Fred hired Sunbird Construction to fix a cracked walkway in a house he rents to the Smiths. However, Mrs. Smith had an accident on the cracked walkway and injured herself severely. It was found that Sunbird had not fixed the crack properly, which caused this accident. Which of the following is true of this situation?
A. The Smiths can file a lawsuit against Sunbird, since Sunbird was an agent and did not perform its duties properly.
B. Fred will be held directly liable for Sunbird's failure to perform, since Sunbird was Fred's nonemployee agent.
C. The Smiths can hold Fred directly liable for Sunbird's negligence, since Sunbird was Fred's employee.
D. Fred will be held liable under the doctrine of respondeat superior for the non-performance of Sunbird.
Explanation / Answer
1. Alice and Dan were co-workers at R&R Security. As night guards, they worked together at night when the building is empty. Dan regularly made sexual advances toward Alice that distressed her. However, Alice never complained about Dan’s conduct to her supervisor, who only worked during the day. Which of the following statements is most accurate?
C. R&R Corporation may defend that it did not know about Dan’s harassment of Alice
12. Fred hired Sunbird Construction to fix a cracked walkway in a house he rents to the Smiths. However, Mrs. Smith had an accident on the cracked walkway and injured herself severely. It was found that Sunbird had not fixed the crack properly, which caused this accident. Which of the following is true of this situation?D. Fred will be held liable under the doctrine of respondeat superior for the non-performance of Sunbird.
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