LAW 633 Lecture Notes - Lecture 6: Intentional Tort, Dry Dock, Fiduciary
31 May 2020
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Scope of employment if and only if all of the following: conduct is the kind he is employed to perform; and, must be of the same general nature as that authorized, or incidental. Bushey, but foreseeability is vague and looks like strict liability: if force is intentionally used by the servant, the use of force is not unexpectable by the master, r2d (agency), 231. An act may be within the scope of employment although consciously criminal or tortious. Page 1 of 4: purpose test of employee scope. Ski resort chef employee could create liability from skiing torts because by travelling between buildings, he acted with the purpose to serve the master: manning v. grimsley. Pitcher threw ball at heckling baseball fans because their conduct was interfering with the pitcher"s duties. Moreover, the jury could reasonably have found that grimsley"s assault was not a mere retaliation for past annoyance, but a response to continuing conduct which was.
