MBE Multistate Bar Examination KET
2025 Exam Review Questions and
Answers | 100% Pass | Graded +
David Mungai
[COMPANY NAME] [Company address]
, MBE Multistate Bar Examination KET
2025 Exam Review Questions and
Answers | 100% Pass | Graded +
A plumber working for a company providing plumbing services to
commercial and industrial establishments was required to be "on
call" for emergency plumbing services 24 hours a day, and was
required to drive his company van home each night so he would
have all of his tools and equipment at hand for any calls.
However, he was not permitted to use the company van for
personal errands. On his way home one afternoon, he took a
detour toward a supermarket a few blocks away to pick up some
items for dinner. While entering the supermarket parking lot, he
drove negligently and struck a pedestrian, seriously injuring him.
The pedestrian filed suit against the plumber's company in a
jurisdiction that maintains traditional common law rules regarding
contribution and indemnity, and the jury awarded him $100,000
in damages, which the company paid.
If the company sues the plumber to recoup its loss in the lawsuit,
which party will prevail?
response - correct
Press Enter or Space to submit the answerCorrectAThe company
can recover 100% of the judgment as an indemnity, because the
plumber was negligent, not the company.BThe company will
prevail, because the company had a rule against using company
vehicles for personal errands.CThe company will not prevail,
because the company has already been found liable under
principles of vicarious liability in the lawsuit by the
pedestrian.DThe company will not prevail, because the company
required the plumber to be "on call" 24 hours a day.
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