Question

d. Neither Wanamaker nor Anderson is liable on the contract since the seller was obli. pated to ascertain Anderson's authority. has the right to regain possession of tomobile and to collect damages. Brian may sue and collect from either Rob- Inson or Ambrose Il Amorost must pay in damages, he will be entitled to Indemnification from Robin son. Ambron notllable for the wrongful Teposion of the wtomobile since he was obeying the direct order of Robinson 22. Under which of the following circumstances will an agent acting on behalf of a disclosed prin cipal not be able to third party for his actions? He signs negotiable Instrument in his own name and does not Indicate his agency capacity. b. Ha commits a tort in the course of dis. charging his duties. He is acting for non-existent principal which subsequently come into existence after the time of the agent's actions on the principal's behall. He lacks specific express authority but Is acting within the scope of his im plied wuthority. 4.." The apparent wuthority of an agent would not mined by reference to Prler dealing between the parties. b. The types of activity engaged in by the agent. An undisclosed limitation on the agent's vrual power, d. Industry custom. 30. Agents sometimes have ability to third parties for their actions taken for and on behalf of the prinel- pal. An agent will not be personally liable in which of the following circumstances? 1 he make a contract which he had ng authority to make but which the principal railer The commits a tort while engaged in the principal's business. If he sets for a principal which he knows is nantxintent and the third party is unaware of the If he set for an undisclosed principals lang at the principal is subsequently 23. Wilkinson is a car salesman employed by Fan- tastle Motors, Inc. Fantastie Instructed Wilkinson not to sell a specially equipped and modified car owned by the company. Fantastie had decided to use this car as a "super" demonstrator to impress potential purchasers. The car had just arrived from Detroit, had been serviced, and was parked alongside other similar models, Barkus fell in love with the car and, after some negotiation with Wilkinson, signed a contract to purchase the car. Barkus gave Wilkinson a check for 20% of the purchase price and executed a note and a purchase money security agreement. Wilkinson forged Fantastie's name on the check and disappeared. Fan- taste teks to repossess the car from Barkus. What is the probable outcome of the above facts? disclosed. 3. b. 21. Wanamaker, Inc., engaged Anderson as its agent to purchase original oil painting for resale by Wana- maker, Anderson's express authority war specilically Almited to a maximum purchase price of $25,000 for any collection provided It contained a minimum of live oil paintings. Anderson purchased a seven picture col. lection on Wanamaker's behall for $30,000. Based upon the facts, which of the following is a correct legal conclusion? 1. The express Imitation on Anderson's authority negates any apparent authority, b. Wanamaker cannot radily the contract since Anderson't actions were clearly in violation of his contract. If Wanamaker rightfully disaffirms the unauthorized contract, Anderson is per jonally liable to the seller. Fantastle will be permitted to repostess the car but must compensate Barkus for any inconvenience. Barkus will be permitted to keep the car If Bakus assumes the loss on the check given to Wilkinson Fantastic will be permitted to report the car because there was an express pro hibition against the theol this car. Barkus will be permitted to keep the car because Wilkinson has the apparent author ity to bind Fantastic to the contract of . d. 7. Downtown Disco, Inc., engaged Charleston club manager in a written agreement providing for a $20,000 salary, plus 2% of gross venuts, and exclu.

Answer 1

20.Agents sometimes have liability ------

Ans. a. If he makes a contract which he had no authorities to make but which the principle ratifies.

An agent is responsible when he enters into an agreement with the third part, 1.when the agent expressly agrees to be personally liable for the contract, 2.when the agent acts for the foreign principal, 3. when he acts fir undisclosed principal, 4. When he accepts/offer a bribe or take some money 5.when he acts for the principal who cannot be sued, 6. When the agent himself has an interest in the contract, 7. Agent exceeds his authority, 8. When the agent signs a contract. 9. Trade usage and customs where an agent is liable.

If the agent makes a contract where the principal gives his prior consent or signs the contract making it officially valid the agent is not responsible.

21. Wanamaker--------

Ans. d. Neither Wanamaker nor Anderson-----

If the third party enters into an agreement it is the duty of the seller to ascertain the agents' authority, and that his authority should be communicated by the principal to the third party).

22. Under which --------

Ans. He lacks specific express ------- (The agent who is acting within his implied authority cannot be sued as in implied authority all the details are not mentioned. An agent can be sued if he makes a contract in his name  and signs it, if he commits tort and fraud, or if he makes an agreement for no existent principal)

23 Wilkinson----

Ans. d Barkus will be permitted------ (In this case the salesman was representing the principal, he has an implied authority to sell. The implied authority is not expressed or written into a contract, but it gives authority to the agent to transact the business for a principal, it was not the fault of Barkus and he was not aware of principal's instruction to his salesman)