Adam was a factory sales agent for the Wave Warrior,a line of personal watercraft.His territory was the Atlantic coast of Florida,and he sold to retail dealers.One Friday morning Adam made one sales call,but at 10:00 a.m.,he headed to Tampa for the weekend.His boss was unaware of his early departure.Adam took the most powerful Wave Warrior with him.Even though he was outside his territory,he put the craft in the water and gave numerous sales demonstrations on Friday afternoon near Tampa.He made two sales,and arranged for delivery to be made through a Miami dealer,one of his favorites in his territory.Adam was not supposed to make sales in this manner,but he realized it was unlikely that his employer would find out.After his second sale,he took the buyer on a ride to show some of the craft's capabilities,and struck a swimmer near the beach,injuring the swimmer.Discuss the liability of Adam and his employer for the injuries.
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