Question

Bill and Sal worked for Mrs. Greenlawn, a lawn-care company. One morning they attended at a new customer's residence. While in the process of applying fertilizer to the lawn, the boys mistakenly applied strong weed killer that caused the grass to turn brown and die. The boys failed to follow the employer's directive that they double check to ensure that fertilizer was being used. The owner of Mrs. Greenlawn apologized to the homeowner but indicated that it was not her fault and she would not be paying for the costs of sodding the entire lawn. Is the position taken by the owner of Mrs. Greenlawn correct at law?

A) No, because Mrs. Greenlawn is vicariously liable for torts committed by employees in the course of their employment.

B) No, because the weed killer used by Mrs. Greenlawn caused too much damage.

C) Yes, because businesses are incorporated to protect themselves from these types of claims.

D) Yes, because the employees were specifically told to ensure that fertilizer was being applied before commencing the job.

E) Yes, because the owner of Mrs. Greenlawn did nothing wrong at law.

Answer 1

Solution:

5) Option - A) is correct which states No, because Mrs. Greenlawn is vicariously liable for torts committed by employees in the course of their employment.

The Reason:

According to the Doctrine Repondeat Superior, The employer or the principle is liable for all the wrong doings of its employees or agents.

In the above case, Mrs. Greenlawn is the employer or the principle and Bill and Sal are the employees or the agents.

So, due to this reason Mrs. Greelawn is vicariously liable for torts committed by employees in the course of their employment.

Therefore, this option is correct.

Reasons for other incorrect options:

Option - B) is incorrect because the extent of damage is not a factor for deciding whether the employer is liable or not. Therefore, this option is incorrect.

Option - C) is incorrect because the businesses are liable for any damage caused by the negligence and are not protected by these types of claims. Therefore, this option is incorrect.

Option - D) is incorrect because this is damage is done by the representatives of Mrs. Greenlawns Company and due to this she is liable for the damages done. Mrs. Greenlawns was wrong at law. Therefore, this option is incorrect.