PART A:

The Bell Pepper Restaurant is a very successful restaurant in New Kingston. The restaurant is owned by Alphanso and his brother Egbert. Eric is the lead chef in the business but at present he is not one of the partners. He is working very hard to get a partnership position because he believes that he is the main reason for the success of the business. In early February 2020, Alphanso, Egbert and Eric went to a high end kitchen supplies store (Kitchen Supplies and More) to look at additional kitchen appliances to furnish a new outlet they were planning for Manor Park. Alphanso and Eric were all decked out in tailored suits but Egbert who was coming over from a mechanic school where he is learning to fix vehicles, did not bother to change out from his greasy overalls and was looking quite shabby. While Alphanso was holding conversation with the Manager of an Uptown Bank who was in the store at the same time, about supplying lunches for his staff, Egbert and Eric went to check on some high end stoves and refrigerators. They had only come to look at the available supplies and did not have ready cash to make any purchases on the spot. However, when they introduced themselves to the sales officer as owners and operators of The Bell Pepper, the sales officer persuaded them to take the products on credit. He was particularly impressed with Eric's appearance and knowledge of the equipment and was even more more at ease when Egbert had introduced Eric as an indispensable partner in the business. Eric was taken aback but he went along with the introduction, given that he was almost a partner anyway. Later, Alphanso was very upset with the signing of the deal with the store because Egbert did not get his final approval to proceed with the purchase. However, not wanting to embarrass his partner, he went along with the deal.

The bill came up to three million dollars with first payment due at the end of March 2020. Unfortunately, Covid-19 crisis hit the country and Government of Jamaica regulations required the closure of all restaurants. The Bell Pepper was hit hard. Alphanso and Egbert saw the predicament that they were in, fled the country with any available cash before the closure of the airports, with no plans of returning.

Bills are now due for payment and the Bell Pepper is cashless.

REQUIRED: (With the use of relevant case law)

i.Advise Kitchen Supplies and More the basis on which they can recover payment from

Eric who is asserting that he is neither a partner nor owner of the business.

ii.Critically assess the proposition that if Alphanso had not fled, Kitchen Supplies and more could not have recovered from him as he was not a part of the deal signed off by Egbert and Eric.