Eric is a driver for UPS. While delivering packages in the rain, he accidentally hits Lou, causing him serious physical injuries. Lou comes to you asking for advice on who is liable; what do you advise?
A) File a claim against Eric only based on respondeat superior because the injuries were outside the scope of employment.
B) File a claim against UPS based on respondeat superior because the injuries occurred within the scope of employment
C) Contact the prosecutor for criminal charges.
D) File a claim against UPS based on negligent hiring.
Question 2
Coastal Refining and Marketing contracted with Certified Supply Corporation and Chief Supply Corporation to dispose of up to 500,000 pounds of Coastal's hazardous waste located on Coastal's property in four containers: two above-ground emulsion breaking tanks, one API separator, and one in-ground tank. Certified and Chief subcontracted with Haz-Mat Response, Inc to perform the work. Problems arose during performance of the contract, and although Haz-Mat removed the waste from the storage tanks, it was not disposed of as required by contract. The result was leakage and contamination of the site that Haz-Mat used. Who is responsible for the clean-up of the site where Haz-Mat disposed of the materials?
A)Haz-Mat
B)Coastal and Haz-Mat
C)Coastal
D)Coastal, Certified, and Haz-Mat
J. M. W. Turner, Rain, Steam, and Speed—The Great Western Railway.
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