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 in and around the restaurant as well as escorting guests inside. One night a group of unruly guests got into a verbal altercation with G in the restaurant. G, being short-tempered, got irritated and ended up hitting one of the guests. The guests wish to make the restaurant liable.

• A. The restaurant is liable for G’s actions because his acts were within the course of employment
• B. The restaurant is not liable for G’s actions because the guests had started the fight
• 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: (A)

The restaurant is liable for G’s actions because his acts were within the course of employment

Answer 2

The correct option is (A) : The restaurant is liable for G’s actions because his acts were within the course of employment.