Agency

a. Frankie decides to sell her house and move to Australia. She enters into an agreement with Wayne that he will sell her two caravans on her behalf. Frankie will pay Wayne a commission of 5% per caravan sold.

Identify and briefly explain the form of agency that applies here.

b. Frankie gives Wayne the keys to the caravans, saying they should only be used to show people around. A week later she sees that Wayne has set up one of her caravans at a park and is selling food from it. She also learns that he told a prospective purchaser that he could convince the seller to accept less than she is asking for in return for $1,000. Assuming these allegations to be correct, address the following questions.

i) Identify three implied duties of an agent that Wayne has breached and explain how each one has been breached.

ii) Identify three remedies available to Frankie.