Jose Hoff, the only proprietor of a soda company, was looking for someone who could help him obtain distribution contracts. He got in touch with Ann Heller, who has a lot of connections in the soda distribution industry. Jose and Ann came to an agreement whereby Ann would find distribution deals on Jose's behalf in exchange for a commission of 10% of the deal price. Ann concurred that he wouldn't disclose his representation of Jose to any distributors because of how many distributors loathed Jose.

The distribution of Jose's sodas in that region was agreed upon by Ann and Mambo-Jumbo Distributors of Centereach, Long Island, six months later. Indignantly telling Ann that "not one drop of my drink will be sent to that dumpy town," Jose responded to the news of this deal. Ann informed Mambo-Jumbo Distributors' president the next week that no sodas would be shipped for distribution.

Mambo-Jumbo sues both Jose and Ann.

(A) Is Jose liable? Why or why not? Explain. (8 credits)

(B) Is Ann liable? Why or why not? Explain. (8 credits)