04 Jul Unit 8_LS311_Discussion response
13535Respond or elaborate on the response below:
There is sufficient evidence to support that an agency relationship existed between Rhonda and iHiker. According to the Restatement (Second) of Agency, an agency relationship is established when a principal consents for an agent to act on their behalf and subject to their control, and the agent agrees to do so (Cheeseman, 2021). Rhonda, employed as a sales representative, was conducting customer visits and traveling between sales calls for iHiker at the time of the accident. This arrangement indicates an agreement involving consent and control, forming a principal–agent relationship.
Additionally, the doctrine of respondeat superior states that an employer may be vicariously liable for the wrongful acts of employees performed within the scope of their employment (Cheeseman, 2021). In this situation, although Rhonda was distracted by her phone, she was still carrying out her assigned job duties. Courts generally consider employee negligence during work-related travel to fall within the course of employment when such travel is required as part of the employee’s responsibilities.
Given that Rhonda was actively fulfilling her work obligations when the collision occurred, there is a strong basis for finding an agency relationship and holding iHiker vicariously liable for the resulting damages.
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