Mike worked for Frank's Pizza as a driver. His duties consisted of making deliveries along a
designated route. One day Mike decided to see his girlfriend, Jackie, who lived 50 miles out of his
pizza route. While driving to his girlfriend's, Mike injured a pedestrian, Chuck. The accident was
caused because of Mike's negligent operation of the delivery truck. Chuck is now suing both Mike and
Frank's for personal injuries. Under the circumstances:
Factors influencing whether a servant is acting within the scope of employment include all but which
of the following?
Fact Pattern 29-1
Rosa was authorized to purchase computer equipment for her company, Zebra Toy Company. Her
employer required her to obtain written approval from the vice president if she wanted to buy more
than $100,000 of equipment. One day Rosa purchased $225,000 of computer equipment from
Computer Sales Company, without written approval.
Which of the following is correct?
If Zebra Toy Company purchases the equipment:
Fact Pattern 29-2
Judy was the manager of an apartment complex. She hired Rick to mow the lawns. One afternoon
while Rick is mowing the lawn, his negligence caused damage to Terri's car.
If Rick is an employee, who is liable to Terri?
If Rick is an independent contractor, who is liable to Terri?
If Judy had been negligent in hiring Rick, who is liable to Terri?