Question
1) Jackson is the shipping clerk for Coldpoint Inc., an appliance manufacturer. For five years, Jackson has regularly taken orders from Knight's TV and Appliances
1) Jackson is the shipping clerk for Coldpoint Inc., an appliance manufacturer. For five years, Jackson has regularly taken orders from Knight's TV and Appliances Inc. for refrigerators. Jackson does not approve the orders himself. He submits them to the sales manager. Once the sales manager has approved the order, an invoice specifying the price and terms of payment is issued and signed by the sales manager. Each invoice is then sent to Knight's. A contract is formed on the terms of the invoice. Jackson then arranges for Coldpoint to ship the refrigerators. In October, Knight's gets an invoice in response to its order for two refrigerators that is signed by Jackson. Knight's calls Jackson and asks about this change in procedure. Jackson says that he has been promoted and he can now approve and sign invoices. Knight's accepts this explanation. In fact, Jackson has not been promoted and invoices still require approval by the sales manager. Can Knight's rely on the invoices a forming a contract for the two refrigerators enforceable by Knight's against Coldpoint?
2) Discuss the law of business organizations in detail. Make sure your discussion includes a comparison of the relative advantages and disadvantages of using a sole proprietorship, partnership, limited partnership, limited liability partnership and a corporation to carry on a business.
3) Shari entered into an agreement with Taiga Developments Inc under which she would act as an agent to find real estate for Taiga to buy in a suburb of Regina, Saskatechewan. Taiga had told her that it wanted to buy up all the land and buildings in a three block area to build a mall. No one but Taiga and Shari knew about Taiga's plans. Shari found a piece of property for sale across the street from the area Taiga was interested in for a great price. She knew that once the mall went in the property would be worth much more than it was today. Shari bought the property and then sold it after Taiga had built the mall for twice what she paid. Did Shari breach her fiduciary duty.
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