QUESTION 2

Finally the day is over, and you are ready to pack up and go home. Then Abigale walks into the office. Abigale is a pretty important client, and you know that Jim will want you to stay late to help. Jim flags you over.

Jim: "Just like you did on the other case, I need you to take Abigale's statement and ask questions as needed. When you are done, come find me, and I will provide you with additional instructions."

You go to introduce yourself to Abigale.

You: "Hello Abigale, I will be taking your statement."

Abigale: "Thank you. As you know, I have worked with Jim for a number of years, and I know the drill. Let me start from the beginning."

"I own a construction business. To bring in new clients requires a lot of time that I do not have. So I contracted with a man by the name of Frank. He agreed to bring clients to me for negotiation or he would negotiate on my behalf under my strict instructions. Frank agreed to the arrangement and would only bring clients to me for construction jobs."

You: "So, I take it that you are here because something went wrong."

Abigale: "You are correct. I recently found out that Frank was starting his own construction company and was taking my prospective clients for himself. That is what brings me here today."

You bring the information back to Jim. Jim speaks as he reads through your notes.

Jim: "Okay at first glance, it looks like Frank breach a duty he had toward Abigale...and that duty came out of an Agency relationship....okay, I think I have the basics here."

"Here is what I want you to do:"

(Answer the following question using fact pattern above and the information found in your text book)

(Textbook reference : Chapter 28)

1. There is an Agency relationship here. To prove this, I need you to define how an agency relationship is formed and explain how the facts of Abigale's case fit all of the parts in that definition. Once we have proven that all of the parts of an agency relationship are present, we will then be able to prove that there was a breach of that relationship.

2. There is a breach of Franks duty to Abigale. What duty (or duties) to Abigale has Frank broken? Don't just list the duty (or duties). You will need to explain to me how the duty was breached.

3. Once we prove that there was an agency relationship and the duty (or duties) of that relationship were broken, we will then be able to seek a remedies. Please explain what remedies are available to Abigale.

I will need a minimum of three Paragraphs for your report. Also write in complete sentences and DO NOT uses lists.