Applied Learning Assignment Agency and Employment

Applied Learning Agency and Employment - Assignment Example Both parties might be found through the principle of vicarious liability, which holds the employer as secondarily responsible for the torts of the employees. Therefore, the driver will become liable for primary liability while the trucking company will become liable for the vicarious/secondary liability. The trucking company would not have to indemnify the employee driver, since under independent contract relationship; the employer is not primarily responsible for the actions of the independent contractor. 8. Assume that all of the plaintiffs listed in Question 2 above sue both of the defendants in Question 3 above. Also assume the jury finds that both parties are responsible and awards a large judgment to the plaintiffs. If the court does not specify how much each defendant will pay, which of the following is true? 9. In class, we have learned there are two circumstances under which a court will allow a jury to consider whether punitive damages are in order. Identify the circumstances and state whether each would apply to each of the defendants in this case. 10. Assume the state where this accident occurred has a law similar to the one in Indiana regarding punitive damages. If punitive damages were awarded to the plaintiffs in this case, which of the following is true? If the trucking company had authorized or was responsible for causing the driver t work excess hours that are in excess of the provision of the law, the trucking company would be criminally liable for violating the law, and thus liable for criminal