Don hires James to work in his liquor store. James is specially trained to ask for the identification of any individual who appears to be under the age of thirty and attempts to buy alcohol. One night, James sells alcohol to Ashley and does not request identification because Ashley is attractive and James wants to ask her out on a date. Unfortunately, Ashley is underage and is participating in a sting operation with local law enforcement. Certain statutes could subject Donto criminal prosecution for selling alcohol to an underage person like Ashley, even though Don did not personally participate in the sale. Because Don is James’s employer, he may be vicariously liable for James’s on-the-job conduct in this instance.
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