Rich has hired Gil to travel across the country and purchase every drab green military style 1957 Jeep CJ5 he can find. Rich has provided Gil with $50,000 total to purchase these Jeeps and has instructed him not to pay more than $7,000 for any particular Jeep. One evening, after an especially successful day of locating '57 Jeep CJ5's Gil stops in a bar called "The Waterin' Hole" for dinner and a beer. Time got away from Gil and he stayed at the bar until closing time, drinking $2 draft beers. Gil left the bar to head to his hotel and crashed his car through the front of the City Hall building in the center of town. Gil was charged with DUI. The City is attempting to sue Rich for the damage caused to their building. Should the City be successful in recovering the money from Rich? Why or why not? What is Rich's best defense?