Explain whether Jake's actions are in or out of his scope of employment. Jake’s actions are within the duty of care of his job, he is an auto mechanic technician and he takes pride in doing his job to the fullest degree. Auto mechanics “performs basic care maintenance, such as oil changes and tire rotations, diagnose more complex problems, and plan and execute vehicle repairs.” (Automotive service technicians, n.d., (¶ 1) There was a breach of duty, due to the overtime that Jake worked because of the free oil change promotion offer by the owner of the car dealership. Jake hurt his thumb while working on a car; he said, “I tried to tighten my thumb with a torque wrench.” (Drama of Law, n.d.) The overtime that Jake worked caused him to be overly tired and not as alert as he normally would which caused him to injury his thumb while working on a vehicle. This injury occurred while Jake was at working fulfilling his job duties as an auto mechanic. Herman is offering free oil changes to all previous customers to bring in business for his car dealership. Jake who is the newly appointed service manager is doing a complete work up on all the cars that come through his garage, along with the free oil change. What Jake is doing is apart of his job and when car owners normally go in to have their oil changed there are other services included. An oil change includes “fluid levels checks and top up of the brake fluid, antifreeze, power steering and essential cheeks of the lights, charging system and tire tread and pressure.” (Type of service, n.d.) By Jake doing a doing his job does not complicate the free oil change promotion it is apart of the service.
Is Herman responsible for Jake's injury? Herman has started a free oil change promotion at his car dealership, this offer is supposed to bring in previous buyers to look at the new cars on the lot. Herman only wants