21-9 A Question of y. Emergency One ehicles. Western Fire o be its exclusive dealer cember 2003. James authorized to ordet ut informing Western ancial difficulties A.3d 117U (1 ) Smps.) A Question of Ethics-Agency. Emer Inc. (EO), makes fire and rescue vehicles Truck, Inc., contracted with EO to be its ex in Colorado and Wyoming through December 2002 Costello, a Western salesperson, was authorized EO vehicles for his customers. Without informing Costello e-mailed EO about Western's financial diff discussed the viability of Western's contract, and asked ab the possibility of working for EO. On EO's request, and is disregard of Western's instructions, Costello sent some me ments for EO vehicles directly to EO. In addition, Costello with EO's help, sent a competing bid to a potential Western customer. EO's representative e-mailed Costello, "You have my permission to kick (Western's) ass." In April 2002, EO terminated its contract with Western which, after reviewing Costello's e-mail, fired Costello Western filed a lawsuit against Costello and EO, alleging that Costello breached his duty as an agent and that E0 aided and abetted the breach. [Western Fire Truck, Inc. Emergency One, Inc., 134 P3d 570 (Colo.App. 2006) Liability in Agency Relationships.) 1. Did Costello owe Western a duty? If so, wh duty? Did Costello breach it? How? 2. A Colorado state statute allows a court to aw damages in "circumstances of fraud, malice. and wanton conduct." Did any of these exist in this case? Should punitive damag against either defendant? Why or why no y ll so, what was the court to award punte malice, or will of these circumstances ve damages be assessed