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Jack Was a Licensed Mechanic Who Was Employed by the Zippy

Question 55

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Jack was a licensed mechanic who was employed by the Zippy Car Rental Co. He maintained all of Zippy's cars between rentals at several locations in the same city. Jack spent portions of each day at the various Zippy locations working on the vehicles. As was the custom of the trade, Jack owned his own tools which he used in the performance of his work although he was an employee of Zippy.
At the end on each day Jack usually packed up all of his tools in his trunk and took them home. This way he would be able to go directly from home to the first location which had work scheduled for him without having first to retrieve his tools from a specific company location. One evening Jack left his tool box at the location where he was working since he would be returning there to finish work the following morning.
When he returned in the morning he discovered that his tools had been stolen. Jack decided to take legal action against Zippy for the loss of his tools. Identify the arguments which will be raised by the parties and render a decision.

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