Under the motivation test, the principal (Walmart), is not liable for its employee’s personally motivated tortuous act even if it was committed during business hours and within the company’s premises. The cashier did several actions that are not usual or expected to be made by cashiers such as: pretending to ring the items for more than their prices, throwing the merchandise to Burlarley, and throwing a bag containing a pair of shoes and shampoo at the customer, striking him in the face. These tortuous acts are not within the scope of his/ her employment, but personally motivated instead, in which Walmart cannot be counted liable.
Conclusion: Therefore, after applying the motivation test, Walmart is not vicariously liable for the cashier’s
Conclusion: Therefore, after applying the motivation test, Walmart is not vicariously liable for the cashier’s