Reference no: EM131674882

Laws overlap and must be thought of in that light. For example, tort law and agency law are interrelated. A tort is a civil wrong while agency law deals with three parties, the agent, the principal, and third party and is important if the agent was acting within the scope of employment when a tort occurred. The concept is called ""respondeat superior", which is defined by Reed, Pagattaro, Cahoy, Shedd, and Magid (2015) as the "doctrine imposing liability on one for torts committed by another person who is in his or her employ and subject to his or her control" (p. 761). If, however, the employer can prove the activity of his or her employee or agent was not within the scope of his or her employment, employer incurs no liability. The concept is called "frolic and detour", an "activity of an agent or an employee who has departed from the scope of the agency and is not, therefore, a representative of his or her employer".

The following learning activity will indicate the close relationship of tort liability to an agent's acts:

Tammy was shopping in Save-a-Lot Grocery Store when Stewart, an employee, brushed Tammy's ankle with a grocery cart. A short time later, while still shopping, Tammy told Stewart that he should say "Excuse me," and then people would get out of his way. Stewart then punched Tammy in the face, knocking her to the floor. If Tammy sues Save-a-Lot, what legal issue must be addressed to determine whether Save-a-Lot is liable?