A small start-up company has designed and created an app called “Mmmm” which arranges for the delivery of fresh take-out food to local customers. Mmmm uses software to locate the nearest on-demand driver to your preferred restaurant. That driver will then go into the restaurant, pick-up the customer’s food order, and deliver it straight to the customer’s house. One of the keys to the Mmmm operations is the relationship with their drivers. The drivers are obviously thrilled to be involved with Mmmm because it allows them to make some extra money when they wish. To be a Mmmm driver, each driver agrees that they must keep the Mmmm app open at all times when they are on duty. Other than that requirement, Mmmm drivers have a ton of flexibility, as they use their own vehicle, do not have scheduled shifts, and simply sign on to the system when they want to make a delivery. Mmmm has found success in developing and upgrading the app which provides clients unparalleled access to deliveries. Recently, Vlad had his first shift as an Mmmm driver. He was thrilled to now be a part of the Mmmm squad and had his mobile phone set up in the car to allow him access to the app. As Vlad was driving, he failed to notice a stop sign and struck a vehicle. As a result of the crash, Jennifer was seriously injured. Jennifer is now seeking to sue for her injuries.
Would Mmmm be liable for the tort tort committed by Vlad? What legal concept would allow Mmmm to be liable for the torts of their drivers?
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