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Bob is the owner of a baseball card shop, and is generally the only one who works at the shop. However, when Bob takes his
Bob is the owner of a baseball card shop, and is generally the only one who works at the shop. However, when Bob takes his lunch break, he asks an employee from an adjoining store that Bob also owns, to watch the shop. On this day, Bob has Sarah watch the shop while he is at lunch. Bob tells Sarah that she can sell any of the lower-priced cards, but she cannot sell the higher-priced cards located in a special display case. While Bob is at lunch, a 12-year-old boy comes into the shop. He brings a Nolan Ryan rookie card from the special display case to Sarah. On the back of the card is written the price "1200." The boy asks Sarah if the card is really worth $12. Sarah says she doesn't know, but assumes that it is worth the marked price. The boy then hands Sarah $12, and leaves the store with a baseball card worth $1,200. When Bob returns to the shop and finds that Sarah has sold an extremely valuable baseball card for $12, Bob tracks down the boy and his family, and demands that the boy return the card. The boy and his family refuse. Bob brings a lawsuit for the return of the card, and the boy defends by claiming that Sarah had both actual authority and apparent authority to sell the card. The boy also claims that, even if Sarah did not have actual or apparent authority, Bob ratified the sale. DISCUSS: ARE THE BOY'S CLAIMS CORRECT? DID SARAH HAVE ACTUAL AND/OR APPARENT AUTHORITY TO SELL THE CARD? DID BOB RATIFY THE SALE? IN YOUR ANSWER, BE SURE TO DISCUSS THE REQUIRED ELEMENTS OF EACH TYPE OF AUTHORITY AS WELL AS RATIFICATION, AND THEN APPLY THE FACTS TO EACH
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