Pine, an employee of Global Messenger Co., was hired to
deliver highly secret corporate documents for Global’s clients
throughout the world. Unknown to Global, Pine carried a concealed
pistol. While Pine was making a delivery, he suspected an
attempt was being made to steal the package, drew his gun and
shot Kent, an innocent passerby. Kent will not recover damages
from Global if

(d) In general, the employer is not responsible for the
crimes of the employee unless the employer aided or permitted
the illegal activity, even if the activity was within the scope of the
employment. Answer (a) is incorrect because if the employer did
nothing to instruct the employee about the use of the weapon,
this could help establish negligence on the part of the employer
and would not prevent the use of the doctrine of respondeat
superior, which makes employers liable for the tortious acts of
their employees within the scope of the employment. Answer
(b) is incorrect because the employer is liable for torts of the
employee committed within the course and scope of the employment
even if the employee was violating the employer’s instructions.
Answer (c) is incorrect because even if the employee’s
suspicions were correct, the shooting of an innocent
passerby should establish at least negligence for which the employer
and the employee are liable.