BUSINESS LAW
BUSINESS LAW
17th Edition
ISBN: 9780357007594
Author: Mann
Publisher: Cengage Learning
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Chapter 7, Problem 20CP
Summary Introduction

To discuss: Whether person A be successful on her complaint.

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Jolie, an employee of Tenholder, Inc., was drinking during her lunch break on Tuesday. When she got back to work, her boss, Brian, noticed that she had been drinking and sent her home for the remainder of the day, without pay. Brian instructed Jolie to leave her car at work and take a Taxi home and he would pick her up in the morning on his way back into work. Jolie disobeyed and drove home. On her way home, Jolie caused an accident. Is Tenholder, Inc. liable for the damages resulting from the car accident? Is there an agency relationship exists between Jolie and Tenholder, Inc?
Upton is a used car salesman in Athens, Georgia. He often tries to scam (defraud, cheat, bilk, fool, etc.) his customers while he acts as an agent on behalf of his boss, Klaus. As part of Upton's agency duty, he is explicitly instructed by Klaus to deliver one of the cars currently on their sales lot in Athens to one of their other locations in Inglewood, California, on Klaus's behalf. The trip is a little over 2000 miles long and will take several days of driving to complete. Upton understands that the assignment is time-sensitive and must be completed within the current week. Despite this knowledge, he proceeds to go several hundred miles off his instructed route and make a pit stop in Boulder, Colorado. While there, he parties for two whole days and goes on a drunken rampage, destroying dozens of mailboxes in a quiet residential neighborhood with the very car he was told to deliver. Eventually, Upton finishes the remainder of his trip as originally planned and delivers the car, but…
Ivan, an informant who had often proven unreliable, told Alan, a detective, that Debbie had offered Ivan $2,000 to find a hit man to kill her husband, Carl. On the basis of that information, Alan obtained a warrant for Debbie’s arrest. In the affidavit in support of the warrant, Alan described Ivan as “a reliable informant” even though Alan knew that Ivan was unreliable. Alan gave the arrest warrant to Bob, an undercover police officer, and told Bob to contact Debbie and pretend to be a hit man. Bob called Debbie, told her he was a friend of Ivan and could do the killing, and arranged to meet her at a neighborhood bar. When the two met, the following conversation ensued: Bob: I understand you are looking for someone to kill your husband. Debbie: I was, but I now think it’s too risky. I’ve changed my mind. Bob: That’s silly. It’s not risky at all. I’ll do it for $5,000 and you can set up an airtight alibi. Debbie: That’s not a bad price. Let me think about it. Bob: It’s now or never.…
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