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Incorrect. Although the test for vicarious liability can be satisfied when an employee commits torts, it also requires that the employee be acting in the scope of employment, which the facts in A expressly disclaim. Even though Drye was using the company van, he was not \u201con\u201d but \u201coff\u201d work, and thus not in the scope of employment.<\/div>\n","notChosenFeedback":""},"text":"

A. Drye is a salaried employee of the newspaper driving a van owned by The Herald. When Drye hit Mo, he was running personal errands, which he was permitted to do during his lunch hour, even using the company van.<\/div>\n"},{"correct":false,"tipsAndFeedback":{"tip":"","chosenFeedback":"

Incorrect. In addition to the general rule that an independent contractor\u2019s tortious conduct usually does not give rise to liability to the hiring party (The Herald), here the signs point to extensive experience and skill in the industry. Under the Restatement \u00a7 220 factors (b), (c), (d) and (j), Drye looks like someone running his own business, with employees of his own. He owns his own van so under (e) he also appears to be an independent contractor instead of an employee. <\/div>\n","notChosenFeedback":""},"text":"

B. Drye is an independent contractor and owns the delivery van, which he maintains, services and insures. He has been in the newspaper business for many years and generally subcontracts his own drivers to carry out his delivery obligations under his contract with The Herald as well as under contract with other local paper periodicials. He happened to be driving one of the delivery routes at the time he collided with Mo.<\/div>\n"},{"correct":true,"tipsAndFeedback":{"chosenFeedback":"

Correct. An independent contractor\u2019s tortious conduct usually does not give rise to liability to the hiring party (The Herald). The Restatement Section 220 lays out factors that may be considered in converting an independent contractor into an employee for the purposes of vicarious liability analysis. Drye uses The Herald\u2019s van, which under 220 (e) suggests the tools and instrumentalities are not his but the employers. Similarly, other factors point towards his status as an employee rather than an independent contractor: he follows The Herald\u2019s schedule and direction and is bound by competitive restrictions the Herald imposes on him (a) and is paid more like a salaried employee than by the individual job, in a manner that provides fairly stable longterm employment. (g)<\/div>\n","tip":"","notChosenFeedback":""},"text":"

C. Drye is an independent contractor who uses The Herald\u2019s van. He drives to The Herald to pick up the van in specific windows of time set by The Herald to ensure timely delivery on their circulation schedule. He is paid twice a month including on days off and his six-month contract has been renewed regularly for several years. He is welcome to deliver newspapers for other entities on his own time but bound not to do so more than 25 % of the delivery days he works for The Herald and only so long as it does not interfere with his work for The Herald.<\/div>\n"},{"correct":false,"tipsAndFeedback":{"chosenFeedback":"

Incorrect. This answer starts out similar to C and the same general rule would apply: an independent contractor\u2019s tortious conduct usually does not<\/em> give rise to liability to the hiring party (The Herald). Under the Restatement Section 220, however, D fares differently from C. Under (a), it appears that Drye has the ability to set the terms of the work himself, and he is paid by the job rather than by regular salary (g). Even though he still uses the company\u2019s van, which cuts in favor of employee status under (e), a single factor is not usually enough to determine the analysis on its own.<\/div>\n","tip":"","notChosenFeedback":""},"text":"
D. Drye is an independent contractor who uses The Herald\u2019s van. He drives to The Herald to use the van when it works best for his schedule. He is paid by the number of newspapers he delivers, so he has an incentive to deliver more papers. When the newspaper suspends coverage during certain holidays, he is not paid for time off. He is free to deliver for other papers as he chooses.<\/div>\n"}],"overallFeedback":[{"from":0,"to":100}],"behaviour":{"enableRetry":true,"enableSolutionsButton":true,"enableCheckButton":true,"type":"auto","singlePoint":false,"randomAnswers":false,"showSolutionsRequiresInput":true,"confirmCheckDialog":false,"confirmRetryDialog":false,"autoCheck":false,"passPercentage":100,"showScorePoints":true},"UI":{"checkAnswerButton":"Check","showSolutionButton":"Show solution","tryAgainButton":"Retry","tipsLabel":"Show tip","scoreBarLabel":"You got :num out of :total points","tipAvailable":"Tip available","feedbackAvailable":"Feedback available","readFeedback":"Read feedback","wrongAnswer":"Wrong answer","correctAnswer":"Correct answer","shouldCheck":"Should have been checked","shouldNotCheck":"Should not have been checked","noInput":"Please answer before viewing the solution","a11yCheck":"Check the answers. The responses will be marked as correct, incorrect, or unanswered.","a11yShowSolution":"Show the solution. The task will be marked with its correct solution.","a11yRetry":"Retry the task. Reset all responses and start the task over again.","submitAnswerButton":"Submit"},"confirmCheck":{"header":"Finish ?","body":"Are you sure you wish to finish ?","cancelLabel":"Cancel","confirmLabel":"Finish"},"confirmRetry":{"header":"Retry ?","body":"Are you sure you wish to retry ?","cancelLabel":"Cancel","confirmLabel":"Confirm"},"question":"
Options<\/p>\n"}

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