Question
Jean-Louis hired an agent, Marianne, to sell a quantity of furniture that he owned. Jean-Louis instructed Marianne to sell the furniture without disclosing his identity
Jean-Louis hired an agent, Marianne, to sell a quantity of furniture that he owned. Jean-Louis instructed Marianne to sell the furniture without disclosing his identity as owner. Jean-Louis told Marianne she could enter into contracts with buyers without seeking Jean-Louis's prior instructions. Marianne eventually sold the furniture to House of Nandoo, a furniture store. During the course of the negotiation between Marianne and House of Nandoo, Marianne disclosed the fact that she was acting as an agent but did not disclose the identity of Jean-Louis. Marianne and House of Nandoo entered into a contract. Then House of Nandoo later discovered that Jean-Louis was the owner of the furniture. Jean-Louis, Marianne and House of Nandoo reside in Toronto.
A) Describe the area of law that applies to the legal relationship between Marianne and Jean-Louis. (1 mark)
B) Provide two examples of Marianne's obligations towards Jean-Louis given their legal relationship. (4 marks)
C) Was the contract negotiated by Marianne and House of Nandoo binding on Jean-Louis? Why or Why not? (6 marks)
D) Marianne hired Ophelia as an administrative assistant to help her with the paperwork with House of Nandoo. Marianne asked Ophelia to go to House of Nandoo to pick up documents. When Ophelia was at the House of Nandoo, Ophelia entered into a fight with Hamlet, an employee of House of Nandoo. Ophelia broke an expensive vase that belonged to House of Nandoo during the fight. House of Nandoo demanded Marianne to pay for the vase. Did Marianne have to pay for the vase? Why or why not? (3 marks)
E) Each piece of furniture is $1,200. The marketing director of House of Nandoo suggested that consumers would want to purchase the furniture by monthly payments (i.e., $100 each month for 12 payments) instead of paying $1,200 upfront. What is the legal concept that applies to consumer purchases by installments? Define this legal concept. (2 marks)
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