81508117______RESPONDEAT SUPERIOR

81508117______RESPONDEAT SUPERIOR - MEMORANDUM TO Clint...

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MEMORANDUM TO: Clint Name FROM: Your Name DATE: September 14, 2015 FILE: Joseph Cronin (Scores Sports Bar) RE: Johnson v. Scores Sports Bar (Respondeat Superior) I. ISSUE Whether, under the Virginia doctrine of respondeat superior, the owner of a sports bar can be held liable for the action of a bouncer who got into a fight with a customer that was kicked out of the bar. II. SHORT ANSWER Yes, a court will likely hold the bar and its owner liable for the action of its bouncer under respondeat superior, because the act was committed in the course of the work: within the space and time limits of the agency (Lee & Kaplin, 2013). The owners is also likely to be held liable because the bouncer was motivated to commit the act for the benefit of the bar owner and not for the benefit of the bouncer himself. III. FACTS For the past ten years, our client Mr. Joseph Cronin “Cronin” has owned and operated Scores Sports Bar “Scores”, which is a very popular bar that located close to the campus of the University of Virginia. Mr. Cronin hired football players who played for the University of Virginia to be bouncers to the Scores. Mr. Cronin stated that he instructed all bouncers to do their jobs and use the least amount of force necessary. He
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further indicated that drunken bar patrons occasionally cause a disturbance and need to be subdued. On August 19, 2014, during the Red Sox vs. Yankees game, Mr. Alex Johnson “Johnson” became drunk and obnoxious at Scores. He was watching the game and verbally taunted two tables of Red Sox fans that were also watching the game at Scores.
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