University Heights Pizza (UHP) is a pizza company that provides mostly home delivery. One of its drivers, Donald, routinely drives in excess of speed limits when delivering Pizza, and UHP’s management is aware of these problems. One night while delivering pizzas, Donald decides to visit a girlfriend. UHP is aware that he sometimes visits his girlfriend while on the job, and UHP has not objected as long as the Pizza gets delivered on time. On the way to his girlfriend’s house, but also on the way to deliver a customer’s pizza, Donald runs a red light at high speeds and seriously injures Alice, a driver in another car who had the right of way. Alice sues University Heights Pizza and Donald. UHP assert that UHP is not liable for Donald’s fast driving.
Write a paper of 950- to 1,150-words answering the following questions posed by this scenario:
- What Tort is at issue in this case? Identify and discuss the specific elements of that tort and how do those elements each apply to UHP, Donald and Alice, individually.
- Should UHP be liable for the actions of employees who are under UHP’s control and delivering pizzas? Why or why not.
- What should UHP do to prevent risks like those created by Donald?
Cite to at least three scholarly references.