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 to the wrong address. As a result, the disgruntled manager of the Inglewood location decides to Sue Klaus personally for the failed delivery. Additionally, Klaus discovers that he is also being sued by the residents the Boulder neighborhood who no longer have mailboxes. What legal argument should Klaus use to defend himself from these lawsuits? O Frolic and Detour O Absence of Lingering Authority Lack of Express Ratification Respondeat Superior Implied Ratification

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### Case Study: Upton's Delivery Mishap

**Scenario:**

Upton is a used car salesman in Athens, Georgia. He often tries to scam his customers while he acts as an agent on behalf of his boss, Klaus. As part of Upton’s duties, he is explicitly instructed by Klaus to deliver a car from their sales lot in Athens to their other location in Inglewood, California. The trip is over 2000 miles and requires several days to complete. Upton understands that this assignment is time-sensitive and must be completed within the current week.

Despite knowing this, Upton deviates from his route and stops in Boulder, Colorado. He spends two days partying and goes on a drunken rampage, destroying dozens of mailboxes in a residential neighborhood with the car he was supposed to deliver. Eventually, Upton completes his trip but delivers the car to the wrong address. As a result, the manager of the Inglewood location decides to sue Klaus personally for the failed delivery. Additionally, Klaus learns that he is also being sued by Boulder residents for the mailbox destruction.

**Legal Question:**

What legal argument should Klaus use to defend himself from these lawsuits?

**Options:**

- Frolic and Detour
- Absence of Lingering Authority
- Lack of Express Ratification
- Respondeat Superior
- Implied Ratification

This scenario presents a complex legal situation involving agency law and liability. It's essential to consider how Upton's unauthorized actions impact Klaus's legal responsibilities.
Transcribed Image Text:### Case Study: Upton's Delivery Mishap **Scenario:** Upton is a used car salesman in Athens, Georgia. He often tries to scam his customers while he acts as an agent on behalf of his boss, Klaus. As part of Upton’s duties, he is explicitly instructed by Klaus to deliver a car from their sales lot in Athens to their other location in Inglewood, California. The trip is over 2000 miles and requires several days to complete. Upton understands that this assignment is time-sensitive and must be completed within the current week. Despite knowing this, Upton deviates from his route and stops in Boulder, Colorado. He spends two days partying and goes on a drunken rampage, destroying dozens of mailboxes in a residential neighborhood with the car he was supposed to deliver. Eventually, Upton completes his trip but delivers the car to the wrong address. As a result, the manager of the Inglewood location decides to sue Klaus personally for the failed delivery. Additionally, Klaus learns that he is also being sued by Boulder residents for the mailbox destruction. **Legal Question:** What legal argument should Klaus use to defend himself from these lawsuits? **Options:** - Frolic and Detour - Absence of Lingering Authority - Lack of Express Ratification - Respondeat Superior - Implied Ratification This scenario presents a complex legal situation involving agency law and liability. It's essential to consider how Upton's unauthorized actions impact Klaus's legal responsibilities.
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