Question
Gerry Mander is a rich investor that made massive amounts of money in the casino business. Paulo Punisher (Punisher) is one of Gerry Mander's hard
Gerry Mander is a rich investor that made massive amounts of money in the casino business. Paulo Punisher (Punisher) is one of Gerry Mander's hard working debt collectors. One day, while collecting a debt, the Punisher goes and knocks on the door of a debtor, Bobby Boxer (Bobby). Bobby, a hard working boxer, works on the docks at night and on weekends to make ends meet. Bobby came into trouble when he went against a "fix" that was supposed to be set up on his boxing bout, owing Gerry Mander money. When Bobby answers the door and sees Punisher, he prepares for the worst, since it is common knowledge that Punisher works for Gerry Mander. But instead, Punisher has come with a proposition from Gerry Mander, who hands Bobby his consultant business card. Gerry Mander has a piece of land that he is looking to develop but lacks the skill to build. Bobby, a skilled boxer has a large network and has access to many construction workers. Additionally, for many years, Bobby was a General Contractor. Punisher proposes an agreement, where an entity/company is created, with Gerry Mander as a Shareholder and Bobby as the CEO. Bobby, would run the company for a small salary, and use his experience as a contractor to get the project developed, and Gerry Mander will provide or obtain any additional funding. Upon completion, Bobby will extinguish his debt with the money he received from his salary. Additionally, he can receive a portion of the profits upon sale of the developed land, if he finishes the project within 1 year. While the job was in motion, an employee of the corporation was driving the company car and hit a bicyclist while bringing material back to the job site. Who is liable for the damages for a case arising in tort?
Keep these facts. Was Paulo Punisher an Agent of Gerry Mander? If so, under which theory would he be an agent?
A. | No | |
B. | Yes & Actual | |
C. | Yes & Apparent | |
D. | Yes & Inherent |
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