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Assume that a court decided that the driver was on a detour from his regular duties and that the driver was negligent when he ran over mr. melnick's dog. who would be liable to melnick?

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I believe the answer is:  Both Oscar (or his store) and the driver
If the driver is still working on the scope of his regular duties, all legal reciprocation would most likely become the obligation of the business owner. Since oscar is working outside the business' regulation, he as individual would also held responsible for the accident.

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