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essica hires Sally to be the purchasing agent for Jessica's business. In order to have Sally purchase their products, several manufactures tell Sally that they

essica hires Sally to be the purchasing agent for Jessica's business. In order to have Sally purchase their products, several manufactures tell Sally that they will make secret payments to her in the amount of 5% of every order that Sally places with them on Jessica's behalf, and Sally accepts. Has Sally breached any duty to Jessica?

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No, as long as the total price paid by Jessica (including Sally's kick-back) is lower than the price Jessica would pay anywhere else.

Yes, Sally has breached the duty to obey instructions.

Yes, Sally has breached the duty not to receive a material benefit.

No, because Sally is an independent contractor.

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