Please go to the response part, and debate the answers provided by my colleague. You need to backup your response with the USA Law that follows the situation provided From Lynne Meyer, on her way to a business meeting and in a hurry, stopped by a Buy-Mart store for a new car charger for her smartphone. There was a long line at one of the checkout counters, but a cashier, Valerie Watts, opened another counter and began loading the cash drawer. Meyer told Watts that she was in a hurry and asked Watts to work faster. Watts, however, only slowed her pace. At this point, Meyer hit Watts. It is not clear whether Meyer hit Watts intentionally or, in an attempt to retrieve the car charger, hit her inadvertently. In response, Watts grabbed Meyer by the hair and hit her repeatedly in the back of the head, while Meyer screamed for help. Management personnel separated the two women and questioned them about the incident. Watts was immediately fired for violating the stores no-fighting policy. Meyer subsequently sued Buy-Mart, alleging that the store was liable for the tort (assault and battery) committed by its employee. Using the information presented in the chapter, answer the following questions. Debate This: Response: Respondeat superior is a legal notion that holds an owner accountable for the workers behavior while they are on the job(Van Loo, 2020). Organizations face significant civil and criminal penalties under modern laws based on respondeat superior(Ehrenzweig, 2021). Such laws are intended to compel companies to be watchful about the behavior of their employees. Respondeat superior demands that the companys agent conducts the offense while operating within the agents power and influence the organization. This article discusses the doctrine of Respondent Superior. Under this concept, an institutions owner may be held accountable for the actions of institution workers or agents. As per the circumstances of Buy-Mart, the company might be held accountable for Watts actions. Under the notion of Respondeat Superior, the owners are in the per
fect situation in evaluating workers since they incur the expenses that emerge as a consequence of damages incurred by workers or agency. The scope of the employees employment has been a critical aspect in determining whether Buy-Mart is responsible under the doctrines Respondeat Superior. It examines whether or whether an individual employees behavior was within the scope of his employment, as well as the employers culpability for employee conduct in a tortious circumstance. Wattss actions constituted an indictable offense or a breach of carelessness, and as a result, Buy- Marts responsibility will be influenced since Watts perpetrated the tort while working for Buy-Mart (as a cashier), and the concept of respondeat superior does not distinguish between the two. Buy Mart will suffer as a result of this circumstance. An owner who is aware that a worker has a proclivity to do tortious conduct is liable for the workers actions, even though the conduct is not within the scope of employment. As a result, even though Watts actions were beyond the scope of his work, Buy Mart would still be responsible for them. Debate: There are just a few instances in which the owner can be held accountable for a tortious act committed by an agent. These situations imply irresponsibility or a lack of real purpose on the part of the owner. As a result, there is no need to change the respondeat superior theory to hold agents solely accountable for their tortious activities. However, some may argue that as both employee and employer gain from each other, every individual, whether an agent or not, is accountable for their tortious activities, necessitating changes to the respondeat superior theory. Ehrenzweig, A. A. (2021). § 4. Respondeat superior and res ipsa loquitur. The Rule is conquered. In (pp. 1821). University of California Press. https://doi.org/10.1525/9780520350151-004 Van Loo, R. (2020). The Revival of Respondeat Superior and Evolution of Gatekeeper Liability. , . https://heinonline.org/HOL/Page?handle=hein.journals/glj109&id=145&div=&collection=