Question
Recently Cindy inherited her grandmothers house. She is sorting out the attic, keeping some sentimental items. She contacts Bryan, who is an antique dealer who
Recently Cindy inherited her grandmothers house. She is sorting out the attic, keeping some sentimental items. She contacts Bryan, who is an antique dealer who works on a 10% commission, to sell the furniture and items she does not plan to keep. One of those items is an old Singer treadle sewing machine from the early 1900s. Cindy tells Bryan, see if you can get at least $75 for this old machine. The city has received a grant to start a museum that will display older sewing machines and cooking utensils and they have a grant with which they can purchase some items. The person in charge of finding quality equipment (Alicia) is a friend of Bryans. Bryan finds out that the sewing machine is probably worth $700 as a museum piece, but Bryan sells it to the museum for $100, hoping to do his friend a favor. Bryan mails the $100 check to Cindy.
1.) Define the duty of disclosure first. Then DISCUSS how Bryan breached the fiduciary duty of NOTIFICATION, including an explanation of WHY each nondisclosure was significant (including numeric comparisons where relevant).
2.) Which other fiduciary duties were breached by Bryan? Specify each breached duty and describe how it was breached. Tie duties to facts. LIST the relevant remedies available against Bryan for breach of his fiduciary duties.
3.) Discuss whether Cindy (Principal) is bound to the sewing machine contract. Remember to list the legal rule first and then DISCUSS its application to specific facts.
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