Brickbats Ltd is in the business of cleaning and restoring the brick exteriors of buildings. It had a longstanding relationship with Weatherchem Ltd., a supplier of the materials used in restoring brick. Brickbaks had a running account with Weatherchem. The company was constantly ordering material from Weatherchem, often having Seamus O'Rourke, one of its key restorers, place orders in his own name for Brickbats in the course of his employement. O'Rourk would deliver the bills to Brickbats, which always paid them. Unknown to both Brickbats and Weatherchem, O'Rourke decided to run a small brick restoration business of his own on the side and also ordered his supplies from Weatherchem. he ordered in his own name, as always, but said nothing about ordering for himself. Weatherchem simply assumed that the order was on behalf of Brickbats. O'Rourke did not present these bills to Brickbats, but neither did he pay them, and eventually the scheme collapsed. Weatherchem made a demand on Brickbats to pay the outstanding bills. Brickbats discovered what O'Rouke has done and refused to pay.

a) How would you argue in favour of Brickbat's position?;

b) How would you argue in favour og Weatherchem?