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For your Unit 6 Assignment, you will be acting as a lead researcher regarding a hypothetical vicarious liability situation detailed below. For this assignment assume that your immediate supervisor has asked you to prepare a memorandum that highlights support for a particular research-based solution to the situation described. Conduct research on Westlaw (accessible via the Kaplan University Library) based on the following hypothetical.
John Stokely is a sales executive for AAA Auto Dealers, a local automobile dealership. He often drives to the manufacturing facility, which is 150 miles from the dealership, to check on new orders. John’s employer reimburses him for gasoline, food, and lodging, and provides John with a dealer car to drive. While driving to the manufacturing plant, John decided to stop by his cousin’s house for dinner. His boss accompanied him on the visit “to get a decent meal for a change.” While on the way there, John collided with and injured a motorcyclist. Is AAA Auto Dealers liable for John’s negligence? Research the legal issues surrounding vicarious liability of employers and respondeat superior. You should also research the coming and going rule along with frolic and detour rules for vicarious liability. Reference both primary sources and secondary sources in your research. Examples of primary sources include cases, statutes, constitutional provisions, and regulations. Examples of secondary sources including law reviews and journals, treatises, Restatements, dictionaries, and the Restatement of Torts.
Part One: Research Log
For Part One of the assignment, answer the questions below about the research you conducted.
- What primary sources did you use?
- What secondary sources did your use?
- What search terms did you use for each search?
- What search method did you use (Terms and Connectors, Natural Language, and/or Easy Search)?
Part Two: Analysis
After conducting research, discuss in a memorandum to your immediate supervisor whether AAA Auto Dealers are liable for John’s negligence based on your research. Be sure to take position and support it adequately. The memorandum should be 1–2 pages in length using 12 point Times New Roman font, double-spaced lines, and one-inch margins. Make sure to cite your sources using APA and Bluebook citation format. The document should be in a Microsoft Word 2003 or 2007 file format.