Food Caterers, Inc. had a franchise agreement with Chicken Delight, Inc. Carfino was employed by Food Caterers to deliver hot chicken bearing the trademark "Chicken Delight." While making a delivery, Carfino was involved in an accident that killed McLaughlin.In a suit naming Chicken Delight, the franchiser, as defendant, the McLaughlin estate argued that Carfino was an agent of Chicken Delight, because Carfino was acting for the benefit of the company.There was no evidence, however, that Carfino was hired, paid, instructed by, or even known by Chicken Delight. The decision was for whom and why?