Question

Apply the given legal principles to the facts provided in the following of the question and select the most appropriate answer.
Principle : An employer is liable for the acts of their employee if a tort is committed by the employee in the course of employment.
To determine whether an act falls within the course of employment, one must look at the functions/work that the employee was tasked with and then evaluate if there was a close connection between the employee’s job function and the wrongful act in question.
Facts : G was employed as a security guard by a restaurant. He was tasked with maintaining security around the restaurant and escorting guests inside. One night after G’s shift, a group of unruly passers-by initiated an altercation with G near the restaurant. Greatly upset by the altercation, G went home and got into an inebriated state. In this state, he negligently caused a fire in his home. G’s family members wish to make the restaurant liable.

• A. The restaurant is liable for G’s actions because G would not have had the altercation but for being present in that location due to his job
• B. The restaurant is liable for G’s actions because a security guard is likely to have altercations with people in the course of employment
• C. The restaurant is not liable for G’s actions because his acts were outside the course of employment
• D. None of the above

Answer 1

Answer: (C)

The restaurant is not liable for G’s actions because his acts were outside the course of employment

Answer 2

The correct option is (C) : The restaurant is not liable for G’s actions because his acts were outside the course of employment.