1. Applying concepts of agency law, discuss StuffMart’s liability for employee torts in the following case study. Be sure to incorporate 2 key terms to explain your analysis. Put the terms in all caps so they stand out. Marty Mad is an employee of StuffMart.

When Marty was hired, StuffMart was in a jam to get more workers, so it did not do a background check. Marty works as a stocker and occasionally as a checker. One night, Marty is furious at his supervisor for refusing his vacation request. He storms to his checkout line, still upset, and begins to help a customer by slamming groceries into the bags, throwing items in the cart, and yelling at the customer to hurry and pay. When the customer asks, "What is wrong?" Marty walks around from the register, punches the customer in the arm, and pushes the cart into the customer's stomach with such force that the customer falls to the floor injured. The customer sues StuffMart. You review the facts and Marty’s employment file. Since there was no background check, you order one and find that Marty does not have a criminal record.