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Question
Lee, a landlord, hires Shomo, a repairman, to fix a broken staircase in the house occupied by his tenants, the Grants. However, Mrs. Grant has an accident while climbing down the stairs and injures herself severely. It was found that Shomo had not fixed the staircase properly, which caused this accident. Which of the following is true of this situation?
A. The Grants can file a lawsuit against Shomo, since Shomo was an agent and did not perform his duties properly.
B. Lee will be held liable under the doctrine of respondeat superior for the non-performance of Shomo.
C. The Grants can hold Lee directly liable for Shomo's tortious behavior, since Shomo was Lee's employee.
D. Lee will be held directly liable for Shomo's failure to perform, since Shomo was Lee's nonemployee agent.
Answer
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