New N’ Used Auto Case READ THIS FIRST Writer’s choice

New N’ Used Auto Case READ THIS FIRST Writer’s choice

Week 3 Discussion
Discussion Activity (
Topic 1: Read the case posted Topic #1.

Topic #1 Directions: New N’ Used Auto Case READ THIS FIRST
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The New’N Used Auto Case
From Ron,Ron,Ron | Some rights reserved
A new and used car dealership hired Employee to perform various duties such as cleaning and gassing vehicles, moving vehicles from one lot to another and maintaining the showroom and vehicle lots. In this position, Employee had access to keys to the vehicle through a locked “kiosk” supervised by an attendant. Under this procedure an attendant keeps the keys in the kiosk when cars are not in use. When any employee wants to move a company vehicle, s/he must fill out a key “tag” or request form, which contains spaces for the date, time, stock number of vehicle, name of employee checking out the vehicle, and the destination of the vehicle. For example, the vehicle might be taken to a body shop for repairs or to a gas station, or to a company lot at a different location. Every time an employee checks out a vehicle, the reason must be for company business use. It was not necessary to put the expected return time on the tag, but if a vehicle was expected to be gone for a long time, this information was supposed to be put on the tag. Sometimes the kiosk attendant fills the tag out for the employee. When the tag is completed, the kiosk attendant adds the information from the tag to key control log, gives the keys to the employee who has requested them, and hangs the tag on the board in the kiosk. When the vehicle is returned the attendant crosses out the entry for the vehicle in the control log, replaces the keys, and removes the tag from the board. Sometimes vehicles are gone for more than one day, but a new page of the control entry is started each day. Some vehicles may be removed permanently if they are sold from another lot. In these cases, the managers of the other lots call to let the kiosk attendant know that the vehicle will not be coming back. Sometimes employees would drive cars back and leave the keys with other employees. This practice was acceptable to the dealership.
One day Employee asked the kiosk attendant if he could use a car for 30 minutes on his lunch break to go to his mother’s house. The attendant told him it was okay as long as he brought it back because, otherwise, she could get in trouble. Employee took the car and left. On his way back to the dealership, Employee rear-ended a car stopped at a stop light, causing injuries to the driver and a passenger. Employee told a police officer at the scene of the accident that he was on a lunch break from his job and that he had permission to drive the car, but his boss was not aware he had the car.
The plaintiffs sued the car dealership on the grounds that it was responsible for the injuries caused by Employee.
Discussion Instructions
Read “The New’N Used Auto Case.” There are three subtopics posted in this For the Defendant Your faculty member will assign you to the role of Defendants’ attorney
Plaintiffs’ and Defendants’ attorneys must post a well-reasoned analysis to support their respective clients’ positions. This is not a team assignment. It is an individual task.

Defendant’s attorneys should post a well reasoned analysis to support the Defendant in the New’N Used Auto Case.
Be sure to support your arguments with facts from the case and legal theory from your textbook.
Defendant’s attorneys must post a well-reasoned analysis to support their client’s positions. This is not a team assignment. It is an individual assignment.

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