CASE 9 A property owner listed her property for sale. She pro- vided the agent with authority to sell the property on her agreement. The agent accepted the offer on behalf of behalf if the terms of any offer received met the terms the property owner. set out in the listing agreement. A prospective buyer When the buyer discovered that the agency agree- inspected the property during the period of time that the ment had expired, he brought an action against the property was listed for sale, but did not make an offer agent. to purchase. Explain the nature of the buyer's action and indi- After the agency agreement had expired, the cate how the case may be decided. Could the property prospective buyer made an offer to purchase the prop- owner ratify the agreement? What factors would affect erty that corresponded with the terms of the listing the ratification? CASE 10 The Acme Company, which frequently acted as agents supply contract. In due course, the fish were delivered for sea food processors and buyers, was contacted by to Gourmet Fish Company, and the agreed-upon com- the Gourmet Fish Company to find a supply of a par- mission was paid to the Acme Company, based upon the ticular fish for its new product line. Under the terms quantity of fish supplied. of the agreement, the Acme Company was entitled to Some time later, when the Gourmet Fish Company a flat commission rate based upon the quantity of fish discovered that the Acme Company also charged a fee purchased. The Acme Company contacted several fish- to the processing plant for arranging the supply con- processing plants and arranged for each to supply a tracts, it took legal action against the Acme Company. quantity of the fish species required by the Gourmet Fish Discuss the nature of the claim that would be made Company. In each case, the Acme Company charged by the Gourmet Fish Company and the defences, if any, the processing plant a $3,000 fee for arranging the of the Acme Company. Render a decision