Business Law

Dawn is a driver for Fast as We Can Delivery. She is a long-time employee and has the use of her delivery vehicle to get her to and from work. One evening after she completed her shift, Dawn is asked by her supervisor, Ian Smart, to drop off a special package at the DNA Laboratories, a research institute funded by the state. Rather than driving straight to DNA after work, Dawn stops at a supermarket to pick up a few things she needs at home. After leaving the supermarket and on the way to DNA, Dawn's vehicle is involved in an accident with Mr. Dewey Cheatum. Mr. Cheatum seeks to bring an action against Dawn, DNA Labs, and Fast as We Can Deliver. Please discuss the potential liability in this case and the potential defenses that might be used by all the parties.

The scenario presented to us brings up the questions of who is liable for the accident caused by Dawn and what are the possible defenses that will be used. When a principal requests that an agent conducts business on his behalf and is on personal business, it falls under the Dual-Purpose mission section of negligence. Meaning that in most jurisdictions the liability would fall on both the principal and the agent if she injuries someone while on such a mission. The agent might claim respondeat superior as a defense against the case that is being made against her. She might argue that she was acting within the scope of her authority when the accident happened, so the principal is ultimately responsible for any and all liability the plaintiff is claiming.