Dubious was the sole proprietor of Dubious' Used Cars (DUC). He had two employees, Alice and Mike. Alice had the title "sales manager," she sold used cars and was responsible for routine business maintenance. Mike had the title of "mechanic"; he did the car repairs. Both of them sometimes ran business-related errands outside the garage. One Monday at 10:00 am business was slow, so Dubious and Alice decided to test drive a car DUC had just acquired; they left Mike at the shop. At 10:30 Wanda Windows, a saleswoman from Windows 'R' Us, walked into the shop, found Mike there alone and suggested that Windows 'R' Us should be engaged to clean the windows. Mike thought, "I do the repairs here, and I need good light, so it makes sense for me to have the dirty windows cleaned." He said to Wanda, "Do $500 of window cleaning, and start here in the garage." Wanda had done business with Alice in the past as the building maintenance person; Wanda had been told by Dubious that Mike was in charge of repairs; she had been told that DUC would make good on any service order purchased on credit.

At 10:45 Dubious and Alice had driven to a wooded area at the edge of town. Dubious was so taken with the summer day that he decided he'd walk back to the shop; he said, "Alice, you drive on back to the shop, but don't dally: there's work for you to do there." Alice took the wheel to drive the car to the shop. She got hungry soon, stopped briefly at a little market and, rushing out with a sandwich in her hand, knocked into Betty Bicyclist who was standing partly in the doorway (unable to see momentarily as she was fumbling to put on her bicycle helmet), breaking Betty's left little finger. Betty lost her grip on the bicycle; the bicycle fell into the store's plate glass window, shattering it, and causing a bleeding cut to Carlene Customer's (a customer) right index finger. When it was suggested Carlene go to the hospital emergency room for treatment, she said, "Bah! I don't have time for that." And she disappeared. But her cut became infected, and three days later she had to spend $300 on minor surgery to get cured. Betty herself was so frightened and upset at what happened at the market that she appeared to threaten Alice with the bicycle pump, raising it over her head as if to hit Alice. Alice grabbed the pump from Betty and smashed it on the ground.

At 12:30 Dubious returned to the store and saw the window cleaners just unloading their truck. He told Mike not to order such services in the future; he told the window washers to stop, and he immediately called Wanda to cancel the order, believing the price was too high. Dubious said he'd accept the window cleaning if Wanda would do the job for $300 instead of $500; "Okay," Wanda said. But when the bill arrived, it was for $500; Dubious refused to pay more than $300.

1. a. Assume Dubious did not want the window washing at all. Is he obligated to pay for it?

b. If the answer to a. (above) were yes (Dubious is liable to Windows), would Dubious owe $300 or $500? Explain.

2. Betty sues in small claims court for

a. injuries to her little finger ($400 in hospital bills), and

b. the destroyed bicycle pump ($100 retail). Who is responsible for these damages and in what amounts?

3. Who is responsible for Carlene's $300 minor surgery expense?

4. If Alice were a partner with Dubious in the car business, describe howif at all-- that would change the results in 1a and 2a as to who is responsible for the window washing and for Betty's injuries.