Albert is the owner of a furniture store called The Furniture Garden. The store is in need of extensive repairs so Albert calls handyman Burton to come to the store and make all of the necessary repairs. Albert says to Burton, “I need you here from 8-5 pm Monday through Friday until the work is done, you get an hour lunch break but otherwise I need you constantly working. Also, since the store will be open, I would like you to wear this Furniture Garden shirt at all times when you are here. I will pay you $25 per hour, is that ok?” Burton agrees and begins working on it the following week. Whenever Burton finishes one task, Albert checks the work and either request re-work or assigns the next task. Each week on Friday, Albert pays Burton $1000.

6-weeks later Burton is still working in the store when Albert tells Burton that Albert needs to run an errand and will be back in a few hours. Albert asks Burton to “mind the store” while he is away. As Albert walks out, Charlene walks in. Albert greets Charlene as he passes and says “Welcome to Furniture Garden, see Burton in the back if you need anything.” Charlene finds a couch that she likes but it doesn’t have a price tag on it. Charlene notices Burton on a ladder and asks him about the couch.

Charlene says, “I like this couch, will you take $1500 for it and can you have it delivered?” Burton wants to be helpful and says, “Sure that sounds reasonable!” Charlene pays Burton $1500 in cash and gives him her delivery address.

When Albert returns, but before Burton can mention Charlene and the sale, Albert says, “well it looks like you are done, I don’t need anything else. Here’s your last paycheck. See you around. Burton is shocked that his work has ended so abruptly. He leaves immediately and keeps the $1500 that Charlene paid him.

The next week Charlene comes to the store and says to Albert, “I haven’t received my couch yet, what is taking so long?” Albert, being unaware of the sale, says “I don’t know what you are talking about?” Charlene is furious and begins yelling about the $1500 she paid and says she is going to sue Albert. Albert realizes that the couch that Charlene wants sells for $500 and Albert’s cost is only $250. Albert decides he should make things right for Charlene and tells her “I am so sorry, I will have that couch delivered today!” As Charlene walks out of the store, an overhead sign that Burton had previously worked on falls on Charlene, injuring her.

Analyze this fact pattern from the perspective of the Agency and describe the key issues that arise and the likely potential resolutions.