Employers Duty of Care

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Assignment #3-Employer’s Duty of Care

Andrea Williams-Weston

Strayer University

LEG500-Business Law, Ethics & Legal Governance

Dr. Boneita Campbell, Professor

May 15, 2011


1. Explain whether Jake’s actions are in or out of “his scope of employment.”

“Scope of employment is defined as actions of an employee which further the business of

the employer and are not personal business, which becomes the test as to whether an employer is

liable for damages due to such actions under the doctrine of respondent superior (make the

master answer),” (LAW.COM, 2011). In this video, Jake is the service manager of the Rally

Management Team. The company currently is advertising a special for free oil change. Jake is

providing his customers with a basic inspection as well as the free oil change. Herman

(employer) does not require Jake (employee) to do these inspections; however, Jake is a certified

mechanic and must provide a duty of loyalty and care to his customers and to the business. In

addition, once Jake has inspected these cars, he may find issues that may bring revenue to the


2. Explain whether or not Herman is responsible for Jake’s injury.

Yes, Herman is responsible for Jake’s injury. “With the adoption of the Occupational Safety

and Health Act of 1970 (OSH Act) the United States began to address the need to prevent, or

minimize workplace accidents and health hazards. The OSH Act created a general duty on the

part of every covered employer to maintain a work environment free from “recognized hazards

causing or likely to cause death or serious physical harm to employees,” (Halbert, T. & Ingulli,…...

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