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Assignment:
Harry was a traveling salesman who called upon customers selling toys manufactured by Tommy. Harry is paid on a commission basis, sets his own hours, drives his own car but hangs a sign on the car that reads Tommy's Toys. On Thanksgiving Day while returning from his grandmother's house he decides to stop at a Martha's house and make a delivery. He pulls up outside, puts his sign out and leaves the car running while going into her house. Tommy has instructed Harry to always turn off his car when leaving it unattended. The customer, Martha, did not place an order but instead gave Harry 51,000 to give to Tommy in payment for an outstanding personal debt that she owed to Tommy. While in the house the car fell into gear and ran down Did Ida who was in a cross- walk. When Harry discovers what happens he runs oil to South America with the $1,000.
A. Ida sues Tommy for damages. Explain the legal liability of Tommy, if any, conunenting upon the defenses and arguments that each side will likely put forth. Decide the case. Explain fully.
B. If Tommy sues the Martha for the previous $1,000 debt should he be able to recover? Explain fully.
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