Question
Heather is an artist and has several watercolors she would like to sell. Heather orally asks Rylee to sell the paintings for her and directs
Heather is an artist and has several watercolors she would like to sell. Heather orally asks Rylee to sell the paintings for her and directs Rylee that each painting should be sold for at least $100. Rylee schedules a showing in her art gallery to display Heathers paintings. On the day of the showing, a customer offers to buy one of the paintings for $100, and Rylee accepts. When Heather finds out the price the painting sold for, she tries to get the painting back from the customer. Heather claims that she and Rylee did not have a written agency agreement, and, therefore, an agency relationship did not exist between them. Is Heather correct?
A. No, most agency agreements do not have to be in writing to be effective.
B. Yes. Allowing this agency agreement to stand would violate the statute of frauds.
C. No. Agency agreements are never in writing.
Marlo is about to be transferred overseas and wants to sell her house. Julianna, who is not a real estate agent, offers to sell the house for Marlo for free. Marlo jumps at the chance to get such a valuable service for free! Because Julianna offered to sell the house for free, Julianna owes Marlo:
A. no duty to sell the house, but if Julianna does attempt to sell the house, she owes Marlo the duty to use reasonable diligence and skill in performing the task.
B. the duty to use reasonable diligence and skill to sell the house.
C. no duty at all, because there was no compensation flowing from Marlo to Julianna.
Grover is a sales representative for Avon Products Inc., a company that sells beauty and gift products door-to-door. Ruby, Grovers manager, assigns Grover a certain territory in which to work. The territory that Grover is assigned has historically had one of the highest sales records in the state. Ruby is concerned that Grover is not adequately working the territory, so she allows Regina to also sell in that same territory. Does Grover have any grounds on which to file a lawsuit against Ruby?
A. No, Ruby is just helping Grover fulfill his full potential.
B. Yes, Ruby has violated a principals duty of cooperation and may be liable to Grover for Grovers lost profits.
C. Yes, Ruby has violated the duty of compensation and may be liable to Grover for Grovers lost profits.
Roland and Alfreeda enter into a written agency agreement in which Alfreeda will represent Roland as his agent to obtain acting jobs for Roland. No termination provisions are included in the written agreement. If Roland wishes to terminate his agreement with Alfreeda:
A. Roland must do so in writing because the agency agreement is in writing.
B. Roland must do so by sending the termination notice to Alfreeda by certified mail.
C. Roland must do so in person only.
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