Paul is a truck driver who owns his own truck and delivers loads to various companies for nine months out of the year. For the hard winter months Paul goes to Key West to “put his feet in the sand. “One evening while delivering a load for Emblem Helicopter Parts Co., Paul got into a “little scuffle” with rowdy trucker who was giving Nell, a waitress at the Dew Drop Inn Café, a hard time. Paul knocked out five of “Rowdy’s teeth. Rowdy is suing Paul and Emblem for his injuries.

Discuss whether Rowdy will win against Emblem on the issue of:

a) Respondent superior and

b) Unauthorized acts of agents.