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CASE 53O'Shea V

Question 44

Multiple Choice

CASE 5.3O'Shea v.Welch (2003) involved a question of whether Welch,an employee,was acting within the scope of his employment when he struck O'Shea's car.How did the court find and why?


A) The court found that as a matter of law the employee was not acting within the scope of his employment because he was involved in a frolic of his own.
B) The court found that as a matter of law the employee was not acting within the scope of his employment because he was involved in a detour.
C) The court found that as a matter of law the employee was acting within the scope of his employment because he was involved in only a detour, not a frolic on his own.
D) The court found that the jury should determine whether the employee was acting within the scope of his employment during the time period at issue.

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