Torts Multistate Bar Examination (MBE) Practice Test

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An employee driving a bus injures a pedestrian while performing duties. The employer is therefore liable if the employee was acting within the scope of employment. Which statement is correct?
Correct Answer:
Yes, if the employee was acting within the scope of employment.
Explanation:
Respondeat superior makes the employer vicariously liable for torts committed by an employee within the course and scope of employment. Here, the bus driver injures a pedestrian while performing duties—driving the bus is part of the job, and the harm occurs in the work context. That places the act within the scope of employment, so the employer is liable. The other statements aren’t correct because liability depends on whether the act was within the scope; it isn’t automatic regardless of scope, and authorization by the employer isn’t a gatekeeping requirement—being within the scope is enough for liability, while acts clearly outside the scope might not trigger it.

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