Question
Kanye owns and operates a series of bed and breakfast inns in small resort communities along the coast. Kanye visits each inn regularly to oversee
Kanye owns and operates a series of bed and breakfast inns in small resort communities along the coast. Kanye visits each inn regularly to oversee the affairs but cannot manage the day-to-day operations of each inn. Therefore, Kanye employs trusted managers to handle daily operations. Kanye hired Kim to manage the Red Pelican Inn. Kim is Kanye's authorized agent, charged with ensuring that the property is maintained and the guests are looked after. Kanye recently asked Kim to renovate the oldest part of the Red Pelican. When contractors began demolition work, they discovered asbestos. Asbestos remediation is very costly, and Kanye had not budgeted for that kind of work. Kanye instructed Kim to have the crew vacuum up the mess and seal the area off with fresh sheetrock instead of hiring a crew to safely remove the asbestos. Kim has always followed Kanye's instructions in performing her duties as his agent, but she feels that she cannot carry out these instructions. If Kim does what Kanye asks, she will not only be endangering the safety of the guests and employees of the inn, but she will be violating numerous health, safety, and building codes.
If Kim refuses to follow Kanye's instructions, will she be in breach of her duty as an agent?
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