DISCUSS 3.docx

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Department
Marketing and Consumer Studies
Course
MCS 3040
Professor
Joseph Radocchia
Semester
Fall

Description
It makes sense, from the concept: “an employee’s wrongful conduct is within the ordinary course or scope of employment if it is authorized by the employer; or an unauthorized mode of doing something that is, in fact, authorized by the employer” (DuPlessis) .Therefore, vicarious liability does not require that an employer be held for all acts of the employee, but just in reasonable area. However, it can be argued what's an unauthorized “mode” of performing an authorized act; even the employees can make use of its employment and do the wrongful act intentionally which may result in the employer to suffer the cost. At this time, the vicarious liability law seems to be practical to prevent the tortious act but not particular just. On the other hand, vicarious liability put pressure on the employers. Employers have to make clearly job descriptions, check backgrounds or references of the employees, and interview applicants before they make the final decision. These procedures not only can help themselves reduce the risks associated with vicarious liability and negligent hiring but also can create a safe environment for the employees. Just take a simple example, if the University hire a professor with criminal backgrounds or may have some psychological problems; one day the teacher took the gun to the school and shot the students. At this time, the University has to be liable for the
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