Robin Banks was employed as a sailor and who worked for Ahab Industries, Inc., which

owned a line of merchant ships. While on a voyage, one of those ships, the Queequeg, on which Banks was serving, had to put into port for repairs. The ship was placed in a floating dry dock and the crew continued to reside on the ship during the work on the ship was conducted under a contract by Moby's Ship Repair Service, Inc., which also provided the floating dry dock. On April 1, several sailors, including Banks, were given shore leave and were to report back to the ship by midnight. Banks returned by midnight in a heavily intoxicated state. As she was boarding the Queequeg, she decided to turn several valves on the dry dock wall. It appears that those valves controlled the water intake for the dry dock which soon flooded on one side to the extent that the ship slipped off its blocks and crashed into the dry dock wall severely damaging the dry dock as well as the ship. Moby is suing Ahab on a theory of respondeat superior for the damage to the dry dock caused by Banks' actions.

On such suit, Ahab will:

a. win because it did nothing wrong. b. lose because turning valves on a 3rd party's dry dock is not within Banks scope of employment c. win because Banks was on a "frolic and banter" of his own. d. there are insufficient facts to reach a conclusion. If you choose this answer, explain what other facts you would need to know.