Dave is a serviceman for A1 Heating and Cooling. One day, after repairing the a/

Question

Dave is a serviceman for A1 Heating and Cooling. One day, after repairing the a/c at Harry’s house and en route to the next repair, he stopped at a fast food restaurant to get a sandwich at the drive-through window. As he was leaving the parking lot, he accidentally hit the rear of Zena’s pick up truck. 1. Discuss the possible liability of A1 Heating and Cooling for Dave’s accident. 2. Would there be any difference in the potential liability of A1 if Dave had the accident after driving 30 miles away to visit a friend? Explain using legal terms and concepts.

Explanation / Answer

1. Dave the serviceman was on duty, and was acting as an agent of A1. As the accident happened while carrying the duty and he was going from one job to other, officially Dave was working for A1.Hence as per agency laws, the company is liable for the damage caused by the agent, when on duty.

2. Yes the situation change completely, in the second case Dave is still an agent of A1, but with the 30 mile visit, he made it sure that he was off duty and not acting as an agent at the point when accident took place, So, here comes the personal liability instead of liability of the company as he went off limits to visit a friend and so was on personal rather than agency role.

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