ABC Company has eight employees. Most of them are college

ABC Company has eight employees. Most of them are college

ABC Company has eight employees. Most of them are college graduates working onadvanced degrees in their off hours. As a matter of fact they are all part-time lawstudents. However, three of them are mentally challenged. The three in this categoryknow little or nothing about the law. ABC Company is part of the fast food industry.Employees work at a fast pace and often become frustrated. In fact one of them gotupset one evening because in his opinion there were never enough fries on hand tomeet customer demands. On that same evening, a customer pulled up to the drive thruwindow and ordered 10 extra large fries. The mentally challenged employee becameangry. He became so angry that he reached through the window and battered thecustomer. He was charged with battery but found not guilty on the basis of just beingstupid. He was then sued civilly. The jury found for the plaintiff and a judgment wasentered against the employee individually. ABC was also sued as part of the sameproceeding.Question #1 Is ABC liable for the acts of this employee? Question #2 Must ABC indemnify the employee given that the employee did not knowthat his act was tortious? Hint: In his deposition, the employee stated that did not know what a tort or a batterywas. He said the following: “The only battery I gots is in my car and it don’t even work,It is dead. What would someone want with a dead battery” ” I commits that battery tonobody. I own it.”

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