Art is a franchisee of Bee Treats, Inc. Their contract gives Bee a right to control certain aspects of Art's operation, but assigns responsibility for employees to Art. Art hires Clay, who commits a crime against some of Art's customers, including Dina. Dina files a suit against Bee. With re?spect to Clay's crime, under the decision of the court in Case 35.2, Kerl v. Dennis Rasmussen, Inc., Bee is most likely

Question

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The court's decision in Kerl v. Dennis Rasmussen, Inc. established that a franchisor is not liable for the actions of a franchisee's employee unless the franchisor exercises substantial control over the franchisee's operation, and the harm is caused by that control. In this case, Bee only has the right to control certain aspects of Art's operation, and responsibility for employees rests with Art. Therefore, Bee is not likely to be liable for the actions of Art's employee, Clay.

Art Is a Franchisee of Bee Treats, Inc